Terms of Use and Privacy Policy
Welcome to the Appalachian Oil Purchasers website (the "Site"). By
accessing the Site, you agree to be bound by the following terms and
conditions governing the use of the Site (the “Terms of Use”). Please
check these terms periodically for changes. Your continued use of the
Site following the posting of changes to these terms will mean you accept
those changes. If you do not agree to these Terms of Use, you should not
use or access the Site.
Site Use
The purpose of this website is to provide you with information about
Appalachian Oil Purchasers and its services. The material in this Site is
provided for lawful purposes only and this Site may not be used to engage
in any unlawful activity or fraudulent purpose or to infringe on the
rights of Appalachian Oil Purchasers, its affiliates or others. Users
accessing the Site do so at their own risk and Appalachian Oil Purchasers
is not responsible for material viewed or downloaded by users from the
Internet.
Privacy Policy
Appalachian Oil Purchasers respects the privacy of our on-line visitors
and strives to maintain the privacy and security of our visitors’
personal information. Use of any information gathered from or about you
through this website shall be governed by the Site’s Terms of Use.
Appalachian Oil Purchasers reserves the right to update this policy at
any time. Appalachian Oil Purchasers only collects personally
identifiable data, such as names, addresses, and e-mail addresses when
voluntarily submitted by a visitor. Appalachian Oil Purchasers will only
e-mail visitors who request information from us and voluntarily supply
their e-mail addresses. The information collected is used solely by
Appalachian Oil Purchasers in the operation of the Site for internal
purposes and is not sold or transferred to third parties. We do not
require this information from you in order to access our Site, but we may
request it when you seek to correspond with Appalachian Oil Purchasers or
request additional information. This information allows us to process
your request correctly and to respond appropriately to your
communications.
We also collect aggregate information about use of the Site, such as
webpages visited on the Site and overall duration of time spent on the
Site.
When a request for information is submitted on the Site, this website
uses temporary cookies during the request process. A cookie is a small
string of text that a website can send to your browser. A cookie cannot
retrieve any other data from your hard drive, pass on computer viruses,
or capture your email address. Currently, we only use cookies to keep
track of selections you make for information from our Site. These cookies
are automatically deleted when your browser is closed.
Appalachian Oil Purchasers reserves the right, without any obligation, to
monitor, to the extent reasonable, your use of the Site, for the purpose
of ensuring compliance with the Terms of Use. Appalachian Oil Purchasers
reserves the right to prohibit conduct, communication, or content which
it deems in its discretion may be harmful to Appalachian Oil Purchasers,
its affiliates, or to users, or that may violate the law.
While we endeavor to maintain the confidentiality of all material
submitted that is marked as confidential by the submitter, we cannot
accept, and hereby expressly disclaim, any liability from losses relating
to the unauthorized disclosure or interception via the Internet of any
information that you submit.
At times we may be required by law or legal process to disclose your
personal information. We may disclose information about you if we believe
that disclosure is necessary to satisfy any law, regulation or
governmental request or to respond to a subpoena; to protect the safety,
rights or property of the Appalachian Oil Purchasers, its affiliates, or
users of this Site; and as otherwise permitted under this Privacy Policy.
We will endeavor to obtain your permission before sharing your
information with anyone, unless we believe in good faith that disclosure
is necessary for the public interest or required by law.
Appalachian Oil Purchasers takes physical, electronic and managerial
precautions in our effort to secure against unauthorized access and use
of any data you send us. We urge you to take every precaution to protect
your personal information any time you are on the Internet by making sure
you use a secure browser, among other measures. In addition, our site may
provide links to other Internet websites that are not under the control
of Appalachian Oil Purchasers. We cannot accept and are not responsible
for maintaining your privacy once you leave our Site. When you click on
any links or banners on our Site that take you to third-party websites,
you will be subject to such third parties’ privacy policies. We encourage
you to read the posted privacy statement of any and every site you visit,
whether you are linking from our Site or browsing on your own.
Appalachian Oil Purchasers does not knowingly solicit or send requests
for personal information from children or individuals under 18 years of
age. Please ensure that you do not allow those under the age of 18 to
submit any personal information without your permission.
If you wish to verify any voluntary information collected about you, or
if you wish to be removed from our database, please contact an
Appalachian Oil Purchasers representative at 304-628-4003.
Appalachian Oil Purchasers reserves the right to modify or amend this
policy at any time by posting a revised Privacy Policy on the Site. The
changes will only affect the information we collect after the date of the
change to our Privacy Policy.
If we are going to use your personal information in a way that is
different from the Privacy Policy at the time of collection, we will try
to contact you via email using the most recent information we have. If
you have not given us permission to communicate with you, you will not be
contacted, and we will not use your personal information in the new
manner.
Proprietary Information
This Site and all of its content, including its appearance and look and
feel, is owned and operated by Appalachian Oil Purchasers and no material
or information from the Site may be modified, copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in any way,
except that you may download one copy of the materials on any single
computer for your personal, non-commercial home use only, provided you
keep intact all copyright and other proprietary rights. The copyright
notice shall be in the following form: © 2008 Appalachian Oil Purchasers
Used With Permission. All Rights Reserved. Such copyright notice must
appear in every copy or reproduction of Appalachian Oil Purchasers Site
materials. Modification or use of such materials for any other purpose is
a violation of the Appalachian Oil Purchasers copyright and other
proprietary rights. Any Appalachian Oil Purchasers trademarks, trade
dress, service marks or trade names that appear on the Site or are
referenced on the Site are the property of Appalachian Oil Purchasers and
no license or other right to use such marks, names or dress shall be
deemed given without the express written permission of Appalachian Oil
Purchasers.
User-Supplied Content
You understand and acknowledge that you are solely responsible for all
information, data, text, or other materials or other content that you
provide to Appalachian Oil Purchasers via this Site and that Appalachian
Oil Purchasers is not responsible or liable for this information.
Third-Party Software
Any third-party software or other electronic material made available for
downloading, copying or use through this Site is proprietary to the
individual or entity making such material available. Unless otherwise
noted, neither the title nor the intellectual property rights of such
software, including all files and images contained in the download, are
transferred to you. Downloading, copying or other use of such software is
subject to the terms and conditions of the licensing agreement relating
to such material.
Restrictions on Use of Materials
This Site may contain trademarks, copyrights and other intellectual
property rights of third parties. All such rights are proprietary to
their respective owners. Users are prohibited by law and by these Terms
of Use from modifying, copying, distributing, transmitting, displaying,
publishing, selling, licensing, creating derivative works from or using
any content on this Site for commercial or public purposes. Except as
specifically permitted by these Terms of Use, any use of such trademarks,
copyrights, trade names or other intellectual property is strictly
prohibited without the express written permission of such owners.
No Warranty
THE INFORMATION AND MATERIALS CONTAINED ON THIS SITE ARE PROVIDED “AS IS”
AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPALACHIAN OIL PURCHASERS,
ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS,
SUBCONTRACTORS, SUPPLIERS AND REPRESENTATIVES HEREBY DISCLAIM (i) ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND ANY WARRANTIES RELATED TO CONDITION OF TITLE, THAT THE
SITE’S CONTENT, FUNCTIONS, OPERATION OR AVAILABILITY WILL BE
UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
SITE OR THE SYSTEMS THAT MAKE IT AVAILABLE WILL BE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS AND (ii) ANY LIABILITY FOR ERRORS OR OMISSIONS
IN THE INFORMATION CONTAINED ON THIS SITE, AND FOR ANY DOWNTIME
EXPERIENCE ON THE SITE.
Use by United States Residents
This Site has been published in the United States for residents of the
United States only. You agree to use this Site in accordance with all
federal, state, and local laws and the terms of conditions contained
herein. This Site is not intended for use by, or to provide any
information to, users outside of the United States, and any such users
should not rely on any information appearing on this Site.
Limitation Of Liability
Every user who visits this Site does so at his or her own risk. To the
maximum extent permitted by law, Appalachian Oil Purchasers and any other
parties involved in the creation, production or delivery of this Site or
whose materials or information appear on this Site, will not be liable
for any special, incidental, direct, punitive, indirect or consequential
damages of any kind, under any theory of liability arising out of or in
connection with the use of this Site, or a delay or inability to use the
Site, including without limitation damages due to lost profits, business
interruption, loss of data or damage to systems, even if there is
negligence on Appalachian Oil Purchasers' part or Appalachian Oil
Purchasers has been expressly advised of the possibility of such damages,
or both. The above limitation or exclusion may not apply to you to the
extent that applicable law does not allow the limitation or exclusion of
liability for incidental or consequential damages. In that event,
Appalachian Oil Purchasers' total liability to you for all losses,
damages, and causes of action (in contract, tort, including without
limitation, negligence, or otherwise) will not be greater than the amount
you paid to access this Site.
Links
Linking to the Site, and/or framing any portions of the Site without
Appalachian Oil Purchasers’ express written permission is prohibited.
Additionally, the Site may contain links to other third-party websites,
resources or advertisers. These links are provided for your convenience
only. Appalachian Oil Purchasers has no control over these websites or
the content contained therein, and Appalachian Oil Purchasers is not
responsible for the availability or functionality of these external
sites. Such links do not constitute endorsements by Appalachian Oil
Purchasers of any third-party websites accessible through such links,
their content, substance, information, owner or proprietor or any
products or services made available thereon, and such links shall not
imply or create any relationship between Appalachian Oil Purchasers and
the owner or proprietor of such linked website. Access to any other
Internet sites linked to on the Site is at the user's own risk. Users of
this Site agree and acknowledge that Appalachian Oil Purchasers is not
responsible or liable, directly or indirectly, for any content,
advertising, products or related materials contained on any of these
third party websites, or for any damage or potential damage arising out
of or in connection with the use of any such link or website, and agree
further that they will not link or frame any portions of the Site without
the express written permission of Appalachian Oil Purchasers. Your
business dealings with, or participation in promotions of, advertisers
found on or through the Site, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and
such advertiser. You agree that Appalachian Oil Purchasers shall not be
responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence of such
advertisers on the Site.
Indemnification
You hereby agree to indemnify, defend, release and hold harmless
Appalachian Oil Purchasers from and against any and all third-party
claims, liability, damages and/or costs (including, but not limited to,
attorneys’ fees) arising from or arising as a result of your use of this
Site, your violation of these Terms of Use, or your infringement of any
intellectual property or other right of Appalachian Oil Purchasers or any
other person or entity.
Disclaimers
Information contained herein is not guaranteed by Appalachian Oil
Purchasers to be accurate or complete and is further subject to error,
omissions, prior sales, price change or withdrawal without notice by
Appalachian Oil Purchasers. Additional disclaimers may appear from time
to time within the body of the Site and are incorporated herein by
reference.
Applicable Law
These terms shall be governed by and construed in accordance with the
laws of the United States, regardless of where the user is based. If any
provision of these terms shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these
terms and shall not affect the validity and enforceability of any
remaining provisions. Appalachian Oil Purchasers can revise these Terms
and Conditions at any time by updating this posting.
Termination of Access
You acknowledge that Appalachian Oil Purchasers may terminate your access
to the Site at any time, with or without cause.
Waiver
Any waiver of any provision of the Terms of Use will be effective only if
in writing and signed by Appalachian Oil Purchasers.
Dispute Resolution
Any dispute, controversy or claim arising out of or in relation to these
Terms of Use, including the validity, invalidity, breach or termination
thereof, shall be settled by arbitration in accordance with the American
Arbitration Association Rules in force on the date when the Notice of
Arbitration is submitted in accordance with these Rules. Each party shall
bear the expense of that party’s attorneys, experts, and witnesses,
regardless of which party prevails in the arbitration, unless applicable
law and/or these Terms of Use gives a party the right to recover any of
those fees from another party. The arbitrator(s) shall be obligated to
follow applicable substantive laws, statutes of limitations and privilege
rules related to any dispute. The arbitrator shall award the remedies, if
any, that would be available in an individual court proceeding if
arbitration had not been elected. These remedies include, without
limitation, compensatory, statutory and punitive damages (which shall be
governed by the constitutional standards applicable in judicial
proceedings); declaratory, injunctive and other equitable relief; and
attorneys’ fees and costs.
Changes in the Website
Appalachian Oil Purchasers reserves the right to modify these Terms of
Use and to change, suspend or discontinue all or any portion of the Site
at any time, in its discretion, without notice.