TexasOilHub and its affiliates (“TexasOilHub.com“, “we” or “us“) provides this and other websites (including applications and other online services that are accessible through various desktop, tablet and mobile web browsers from time to time) (collectively, “Sites”) subject to your compliance with these Terms & Conditions.
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THE SITES. These Terms & Conditions constitute an agreement between TexasOilHub and you. We recommend that you print out a copy of these Terms & Conditions for your records.
By using the Sites, you affirm that you are able and legally competent to agree to and comply with these Terms & Conditions. If you do not agree to these Terms & Conditions or if you are not legally competent to agree to them, then you may not use the Sites.
Please note that these Terms & Conditions contain provisions that govern the resolution of claims between TexasOilHub and you. Please see the Indemnity, Disclaimer of Warranties, Limitation of Liability and Legal Disputes sections for complete details.
Privacy & Security
Please review our Privacy Policy. To the extent there is a conflict between the terms of the Privacy Policy and these Terms & Conditions, the Terms & Conditions govern.
Information security is important to TexasOilHub. We have established appropriate physical, electronic and managerial safeguards to protect the information that we collect from or about our users. TexasOilHub does, however, reserve the right at all times to disclose any information as TexasOilHub deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
Changes
TexasOilHub reserves the right, at any time, to change these Terms & Conditions, our Privacy Policy and/or the Sites. Your use of the Sites following any such change constitutes your agreement to follow and be bound by the Terms & Conditions and/or Privacy Policy as revised. The revised Terms & Conditions and/or Privacy Policy supersede all previous versions, notices or statements regarding the Sites. If we request, you agree to sign a non-electronic version of these Terms & Conditions.
We will notify you of any change to these Terms & Conditions by updating the “Last Updated”.
Intellectual Property Rights
The Sites contain valuable trademarks and service marks owned and used by TexasOilHub, including but not limited to, TexasOilHub, the TexasOilHub design logo (collectively, the “TexasOilHub Marks”). Any use of the TexasOilHub Marks without the prior written permission of TexasOilHub is strictly prohibited. The arrangement and layout of the Sites, including but not limited to, the TexasOilHub Marks, images, text, graphics, buttons, screenshots, music, digitally downloadable files, and other content or material (collectively, the “Site Content”), are the sole and exclusive property of TexasOilHub.
UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITES IS PROHIBITED.
TexasOilHub uses a network of independent product and content suppliers, distributors and other such third parties to supply some of the products and content advertised on the Sites. All other trademarks, service marks, product names, package designs and company names or logos associated with these product and content suppliers, distributors and other such third parties that are not owned by us but appear on the Sites are the property of their respective owners.
User-Generated Content
From time to time, the Sites permit the submission of content, such as comments, blogs and product reviews, generated by you and others users (“User Content”).
You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the Sites is non-confidential and non-proprietary.
By submitting User Content, you represent and warrant to TexasOilHub that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize TexasOilHub to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and (iii) your User Content does not violate TexasOilHub’s Acceptable Use Policy set forth below.
As between you and TexasOilHub, you will retain all of your ownership rights in and to your User Content. By submitting User Content to TexasOilHub, you hereby grant to TexasOilHub a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that TexasOilHub (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law. You also hereby grant each user of the Sites a non-exclusive license to access your User Content through the Sites and to use, access, watch, reproduce, distribute, transmit, forward, display and perform such User Content in whole or in part, to the extent permitted by the Sites under these Terms & Conditions.
TexasOilHub does not endorse any User Content or any opinion, recommendation, or advice expressed therein. TexasOilHub reserves the right but is not obligated to monitor User Content or other content sent to or through the Sites. TexasOilHub has the right to refuse, remove or delete any User Content and/or to terminate any user’s access to the Sites if TexasOilHub determines, in its sole and absolute discretion, that such User Content or user violates or has violated these Terms & Conditions. TexasOilHub takes no responsibility for and expressly disclaims any and all liability in connection with User Content.
Acceptable Use Policy
By submitting User Content and otherwise using the Sites, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant TexasOilHub all of the rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iii) use the Sites to harm any person or entity, including TexasOilHub; (iv) impersonate any person or entity, including but not limited to, a representative of TexasOilHub, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Sites; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Sites or any other computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission; (ix) collect, store or use personal information about other users of the Sites without their consent; (x) use the Sites (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or its/their products or services; (y) use any of the Sites in any manner that could overburden or impair any of the Sites or the networks or systems connected to the Sites; and/or (z) use any device, software or instrumentality to interfere with the proper working of the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites.
You also agree that you will not violate or attempt to violate the security of the Sites. Violations of system or network security may result in civil or criminal liability. TexasOilHub reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
Order Acceptance
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. TexasOilHub reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Sites are subject to change without notice. Errors will be corrected when discovered and TexasOilHub reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Sites and the TexasOilHub Rewards Program described below. TexasOilHub reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at TexasOilHub’s sole discretion.
Links to Other Websites
The Sites may contain links to third-party websites (“Other Sites”) that are not under TexasOilHub’s control. TexasOilHub makes no claim and accepts no responsibility regarding the quality, nature or reliability of the Other Sites that are accessible by hyperlinks from the Sites or link to the Sites. TexasOilHub provides these links to you as a convenience and the inclusion of any link does not imply endorsement by TexasOilHub of Other Sites or any association with the operators of such Other Sites. You are responsible for viewing and abiding by the privacy statements and Terms & Conditions posted at any third-party sites.
Notice to California Residents
California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. These warnings relate to some but not all tools, lead crystal glassware, ceramic tableware, tiffany style lamps, and electrical cords. Please call us prior to ordering if you have any questions regarding the safety of these products.
Communications with TexasOilHub
For all communications made to or with TexasOilHub, including but not limited to feedback, questions, comments, suggestions and the like: (i) you will have no right to confidentiality in your communications and TexasOilHub will have no obligation to protect your communications from disclosure; (ii) TexasOilHub will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) TexasOilHub will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.
Indemnity
You agree to indemnify and hold TexasOilHub and its agents and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the Sites, including any User Content you submit, post to or transmit through the Sites, (ii) your violation of these Terms & Conditions or (iii) your violation of any rights of another user.
Disclaimer of Warranties
TexasOilHub intends for the information and data contained in the Sites to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided ‘AS IS’ and “AS AVAILABLE”. You expressly agree that your use of the Sites and any information contained therein is at your sole risk.
Accordingly, to the extent permitted by applicable law, TexasOilHub EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties so such disclaimers may not apply to you.
