PetroChoice Terms of Service
1. Acceptance of Terms
At PetroChoice, LLC (“PetroChoice,” “us”, “our,” or “we”), we are committed to providing high quality lubricant products, services, and solutions for every industry. We aim to provide excellent service to all of our customers and visitors through our website, which includes www.shop.petrochoice.com and our other affiliated websites (collectively, the “Website”), and the products and services we provide you through our Website and other means (collectively, “Services”).
We’ve drafted these Terms of Service (“Terms”) to tell you how you may use our Services – including our Website – and inform you of the rules that govern your use of our Services. Please read these Terms carefully before you access our Website, or use any of our other Services. These Terms apply to all users of our Website. If you do not agree with these Terms, please do not use our Website or other Services.
2. Description of Services
PetroChoice provides lubricant solutions for you, our customer, though our Website and other Services. Towards that end, we allow you to view, learn about, and purchase goods and services that we make available to you through our Website. Additionally, some of our Website content is informational, and provided for your convenience. While we are committed to providing the best lubricant solutions for you and all our customers, and the best information about the Services we offer through the Website, the inclusion of or linking to any advertisement, product, service, opinion or the like, or the mention thereof on our Website, does not imply any endorsement by PetroChoice.
Please note that all features, content, and specifications of our Website or other Services are subject to change without notice.
While we strive to ensure that our Services and all other information we provide is complete, accurate, and current, some information provided may sometimes be inaccurate, incomplete, or out-of-date. We make no representation regarding the completeness or accuracy of any Services, or other information, content, advice, or recommendations made through the Website or Services. Additionally, our Website or Services may contain historical information for your reference which may not be current.
We also do not make any representations or warranties regarding the quality or safety of any products or Services, or third party products or services offered or made available.
3. Who Can Use Our Services
All of PetroChoice’ s Services – including the Website – are intended for adult audiences only and are not intended for or directed to anyone under 18 years of age. Therefore, no one under 18 years of age is allowed to create an account or otherwise register with PetroChoice, make purchases through our Website, or otherwise use our Services. By using our Services, including the Website, you attest that you are over 18 years of age, and that you will comply with these Terms and all applicable local, state, federal, and international laws, rules, and regulations. By purchasing goods or services through PetroChoice, you attest that you are able to form a legally binding contract with us.
4. Registration with PetroChoice
In order to purchase lubricants and other goods and Services through the Website, we may require you to register with us and create a user profile. We will ask you to provide certain information about yourself – including your Personal Information as detailed in our Privacy Policy – when you register with and make purchases our Website.
All information that you are required to provide at registration must be current, complete, and accurate. You are also responsible for ensuring that your account information is timely updated if it ever changes. In addition, you must keep and are responsible for keeping your sensitive information – like your account password – confidential. Please contact us immediately if you think your account has been compromised.
In using the Services, you agree that:
5. Your Use of Our Services
a. What We Grant To You
PetroChoice grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and limited license to access and use our Services, for the sole purposes of letting you use and enjoy the benefits of the Services – including to purchase lubricants and other products available from our Website – in a way allowed by these Terms and our other policies.
b. What You Grant to Us
You grant PetroChoice an unrestricted, irrevocable, worldwide, royalty-free, perpetual, sub-licensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute the content or other information you provide in relation to your use of this Website, purchase of products, or otherwise use our Services. We may use any content or other information that you provide in a number of ways, including but not limited to facilitating your search for and purchase of lubricants and other products through our Website, and using and sharing your information as needed for operating, developing, providing, promoting, and improving the Services.
In addition, you understand that any questions, comments, suggestions, ideas, feedback, or other submissions concerning our Website, products listed or offered therein, or otherwise related to our Services (collectively, “Submissions”) you provide to us are not confidential, and becomes our sole property. If you provide feedback, suggestions, ideas, or any other Submissions, including but not limited to business ideas and original works, you are granting PetroChoice a worldwide, royalty-free, perpetual, fully sub-licensable, and irrevocable right to use, distribute, reproduce, modify, adapt, display, create works from and otherwise utilize such Submissions. This means we can use the ideas you to provide us without compensating or acknowledging you.
Though we are not required to do so, we may, in our sole discretion, monitor or review the Services, and access, review, screen, remove, and delete and content at any time and for any reason, including if we believe that content violates these Terms.
c. Your Behavior
You are ultimately responsible for all content provided and activity by you or that otherwise occurs under your account (even if that content or activity occurs from other individuals who have accessed the Website and other Services through your device or account).
By using the Services, you agree that:
d. Information You Share
PetroChoice allows you to communicate with us through email and certain other means – for instance, to ask questions, provide feedback and suggestions, and the like. We also may allow you share information on various parts of our Website which are public facing,. Any communication or other material that you send to us or to other users is and will be deemed to be non-confidential. PetroChoice has no obligation of any kind with respect to such information provided. Consequently, any Personal Information or other sensitive information that you choose to share may be viewable to others. You agree that any information you share may be viewable by others. Please do not post, include, add or otherwise share information that you would not want to be viewed by others, or otherwise made publicly available, such as your Personal Information, as part of any content that you share.
There may be times when we ask you for your Personal Information (as defined in our Privacy Policy) in order to facilitate other certain Services – for instance, when you contact us with a question or request technical assistance with your account, we may ask for your contact information so that we can contact you further if needed. When communicating with us, please do not share your Personal Information with PetroChoice unless we specifically request it.
As mentioned above, you can purchase lubricants and other products through our Website. In order for you to do so, you will need to provide certain information – including your Personal Information – to us in order to fulfill your order. Accordingly, we will provide your information to third-party service providers in relation to your purchase to facilitate your order. Through your purchase, you authorize us to share your information which such designated parties to fulfill your order. Please note that PetroChoice does not collect or store your payment card information in relation to your order. Instead we utilize third party payment service providers to facilitate the collection and processing of your payment card information. Your payment card information is not transmitted through or stored on our network.
6. Privacy
Your privacy is important – both to you and to us. Please view our Privacy Policy to learn how your information is handled when you register for and use our Services.
7. Content, Intellectual Property & Others’ Rights
Except for the posts, photos, text, graphics, videos, images and other content and materials which are provided by or otherwise the property of third parties, the information, photos, text, graphics, videos, tools, images, and all other content and materials (“Content”) provided by or made available through the Website and other Services is owned or licensed by PetroChoice, and is provided for your personal, non-commercial, and informational purposes only. This Content also includes, but is not limited to the text, graphics, photos, interactive features, trademarks, service marks, and logos in our Services (“Marks”). You may not use, manipulate, copy, reproduce, transmit, distribute, broadcast, display, sell, or otherwise use our Content and Marks for any purpose whatsoever not permitted by these Terms.
We respect the intellectual property rights of others – including copyrights – and prohibit our users from using our Website or Services that violates those rights. As noted above, some of the content available through our Services comes from third parties. All other content, trademarks and copyrights that appear through our Services are the property of their respective owners. You agree that you will not use the Services in a way that violates or infringes upon someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property rights.
You may not use the Content, Marks, or Services, or the content of others, in ways that are not authorized by these Terms. We may terminate your account or otherwise prohibit you from using our Services if we believe that you are violating the intellectual property rights of others in your use of our Website or Services.
We also have the right to disclose your identity to any third party who is claiming that any content provided by you through our Website constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible or liable to any third party for the content or accuracy of any content provided by you. We have the right to remove any materials or Content on our Website in our sole discretion. The views expressed by others on our Website , including those of third party materials and content posted on our Website, do not necessarily reflect or represent our views or values.
8. Copyright
We respect the intellectual property rights of others, and prohibit our users from using our Services that violates those rights. Additionally, we respect copyright law. Under the U.S. Digital Millennium Copyright Act (“DMCA”) copyright owners can file a complaint where they believe materials infringe on their copyright. If you believe that materials on the Services infringe on your copyright, please provide notice to our designated agent at:
PetroChoice
Attn: Michael Solitt
Address: 640 Freedom Business Center Drive,
King of Prussia, PA 19406
Email: ecom-admin@petrochoice.com
Toll free: 888-575-1226
Any DMCA notice filed with our designated agent must contain the following:
1. Information identifying the copyrighted work that is claimed to have been infringed, such as the copyrighted work’s title, author, URL, or other information.
2. Sufficient information allowing us to identify and locate the allegedly infringing material.
3. Your contact information, including your address, telephone number, and email address, so that we may contact you.
4. A personal statement that you have a good-faith belief that the use of allegedly infringing material is not authorized by the copyright owner, its agent, or the law.
5. A statement, under penalty of perjury, that the information in your notification if accurate and that you are authorized to act on behalf of the copyright owner.
6. A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
We recommend that you speak to a legal advisor before filing a DMCA notice with our designated agent to assess your rights.
9. Maintaining Your Account
You play a key role in maintaining the integrity of your PetroChoice account. As mentioned above, you are responsible for protecting the security of your account credentials, including your password. Additionally, you may not share your account credentials with others. PetroChoice will not be responsible or liable for any compromise to your account that results from your failure to adhere to these obligations.
10. Email, Data Charges & Mobile Phones
Certain aspects of our Services may be used on mobile phones and devices. You are responsible for any data charges and other fees and charges that you may incur from your mobile service provider by using our Services. Please talk to your mobile service provider before using our Services if you have questions about possible charges you may incur by using our Services.
By using the Services, you agree that we may communicate with you by electronic means, such as through email, in relation to any purchases you make from PetroChoice, your use of the Website, and in response to any inquiries you may make to us, among other situations. Please update your account if you change your email address or phone number to ensure that we do not send messages meant for you to others.
11. Third Party Services and Links
We may provide links to third party websites that may be of interest to you. PetroChoice is not responsible for the content, quality, safety, availability, completeness, accuracy, privacy policies, legality, or any other practices and policies of such websites. These links are provided solely as a convenience to you and should not be considered an endorsement by PetroChoice of these websites or of the companies who own them. Each linked entity has its own privacy policies, terms and conditions, and other policies that govern your use of their website and services. Each linked entity is responsible for the correctness, completeness, legality and accuracy of its own website. As such, PetroChoice makes no representation as to the accuracy or any other aspect of the information contained at such outside sites.
When you click on one of the provided links, you are leaving our Services to enter another site on the Internet. If you decide to access any of the third party sites linked to through our Services, you do so entirely at your own risk. Your use of a third party’s website or services is governed by the third party’s privacy policy, terms and conditions, and other policies. You agree that we are not liable for any harm or damages related to the purchase or use of goods, services, websites, resources, content, or any other transactions made in connection with any third party websites or advertisers. 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. You hereby waive any claim you might have against PetroChoice with respect to these websites. PetroChoice is not responsible or otherwise liable for a third party’s terms or policies, or for any actions taken under therein.
Additionally, PetroChoice does not process and is not a party to or involved in any transaction for goods, products, or services you make with a third-party vendor whose website may be linked to from our Website. Transactions with third-party vendors may be processed by the third-party vendor itself, or by another payment service provider selected by the third-party vendor to process payments on its behalf. As mentioned above, any information that you provide to a third party while utilizing their website or service – including the third-party vendor or the payment service provider selected by the third-party vendor related to processing your transactions – will be governed by that third party’s policies and terms, and not PetroChoice’s Privacy Policy or Terms.
12. Restriction, Modification, & Termination
If ever you decide you no longer want to be bound to these Terms, you can terminate these Terms for any reason by deleting your account and no longer using our Website or other Services.
We reserve the right to change, modify, or alter the content of the Website or Services offered, including the prices for products available, and to discontinue the availability of any product or Services (or any part thereof) at any time, without notice, and in our sole discretion.
We reserve the right to change, modify, terminate, or otherwise alter these Terms at any time at our sole discretion and without notice. Such modifications shall become effective immediately upon posting of the updated Terms. You must review these Terms on a regular basis to keep yourself apprised of any changes. PetroChoice may terminate these Terms, with or without cause, at any time, without notice, and without penalty. You agree that PetroChoice shall not be liable to you or any third party for any modification, termination, or alteration of these Terms. The following provisions shall survive any termination: Your Use of Our Services -- What you Grant Us; Disclaimers; Limitation of Liability; Indemnity; Choice Law and Jurisdiction; Severability; and Complete Terms.
We may also, in our sole discretion, terminate or restrict your use or access to our Website or Services (or any part thereof), for any reason, including, without limitation, where PetroChoice believes you have violated or acted inconsistently with the letter or spirit of these Terms or other provisions, conditions, or policies of the Services.
13. Purchase & Order Restrictions
While we aim to provide you with the best lubricants and service possible, we reserve the right to, in our sole discretion, refuse, limit, restrict, or cancel any order(s) you place with us. We may limit the quantity of items purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment 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 email and/or billing address/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 through our Website. You agree to promptly update your account and other information, including your email address, so that we can complete your transactions and contact you as needed.
14. Indemnity
You agree to indemnify, defend, and hold PetroChoice, its, subsidiaries, affiliates, officers, directors, employees, and agents harmless, at your sole expense, from and against any claim, action, legal proceeding, damages, liability, settlements, expenses (including reasonably attorneys´ fees) and other costs arising out of or relating to (a) your access or use of the Services; (b) your content; (c) your breach of these Terms or the documents it incorporates by reference; (d) your negligence or misconduct; or (e) a claim that your use of any Services infringes the copyright, trademark, trade secret, patent or other rights of a third party. PetroChoice may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
15. Disclaimers
THIS WEBSITE AND THE INFORMATION, SERVICES AND MATERIALS CONTAINED ON THE WEBSITE AND OTHER SERVICES PROVIDED BY PETROCHOICE, ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. PETROCHOICE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE, AS TO THE OPERATION OF THE SERVICES AND THE CONTENT AND INFORMATION ON THE SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL PETROCHOICE BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR ANY INFORMATION, GOODS OR SERVICES OBTAINED THROUGH THE SERVICES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (EVEN IF PETROCHOICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMITTED BY LAW.
PETROCHOICE TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT PROVIDED BY YOU, ANOTHER USER, OR THIRD PARTY THROUGH OUR SERVICES. PETROCHOICE IS NOT RESPONSIBLE FOR ANY CONTENT THAT MAY BE INAPPROPRIATE, OFFENSIVE, MISLEADING, ILLEGAL, OR OTHERWISE OBJECTIONABLE.
We do not warrant that the Services will be uninterrupted, timely, secure or error-free. There may be delays, errors, defects, omissions, interruptions and inaccuracies in the information or other materials available on or through the Services. PetroChoice is not responsible for the availability, use, timeliness, security, validity, accuracy, or reliability of, or the results of the use of, the content of the Services, or other any other website that may be linked to on through the Services. PetroChoice is not responsible for and does not make any representations or warranties regarding the availability, quality, or quantity of any products, goods, information, Content, or other materials otherwise available through our Website or Services.
PetroChoice does not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded, or distributed in this Website, or available through links on the Services. We reserve the right to correct any errors or omissions in the Services.
Although we take reasonable steps to prevent the introduction of viruses, worms, Trojans or other malicious software (“malware”) or other destructive materials to the Services, PetroChoice does not guarantee or warrant that the Services or materials that may be downloaded from the Services do not contain such contaminating or destructive properties. You understand and agree that any Content, materials, files or information downloaded or otherwise obtained through the use of the Services is at your own discretion and risk and that PetroChoice is not liable for any damages or harm to your device or loss of data attributable to such Content, materials, files or information. If you rely on the Services and any materials available through the Services, you do so solely at your own risk. PetroChoice is not responsible for any errors or omissions or for the results obtained from the use of any information provided on the Services.
You understand and agree that any Content, materials, or other information that you submit through the Website may be viewable and used by others.
16. Limitation of Liability
IN NO EVENT SHALL PETROCHOICE, ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, BUSINESS PARTNERS, CUSTOMERS AND ANY OTHER AUTHORIZED AGENT OR REPRESENTATIVE OF PETROCHOICE HAVE ANY LIABILITY FOR ANY CLAIM, LOSS OR INJURY, INCLUDING WITHOUT LIMITATION AN INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO PETROCHOICE´S SERVICES, THE USE OR THE INABILITY TO USE THE SERVICES, AND/OR ANY CONTENT, ANY CONTENT OR OTHER GOODS OR SERVICES PURCHASED, LICENSED, OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE SERVICES, THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY USER CONTENT, EVEN IF PETROCHOICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF ANY NEGLIGENCE OF PETROCHOICE OR ANY OF ITS AFFILIATES OR AGENTS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OR ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
In those jurisdictions which prohibit the exclusion or limitation of liability for consequential or incidental damages, any such liability shall be limited to the maximum extent permitted by law. In no event will PetroChoice’s aggregate liability for any and all claims related to the Services exceed $100 US or the amount you paid to PetroChoice, if any, in the last 12 months, whichever is greater.
We take no responsibility and assume no liability for any content provided by you, another user, or third party through our services. PetroChoice is not responsible for any content that may be inappropriate, offensive, misleading, illegal, or otherwise objectionable.
17. Preventing Unlawful Activity
We reserve the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary to such persons or entities relating to user profiles, email addresses, usage history, posted materials, IP addresses and traffic information. You acknowledge that we will have the right to report to law enforcement authorities any action that may be considered illegal, as well as any reports it receives of such conduct.
When requested, we will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity.
18. Responding to Lawful Disclosure Requests
We may also be required to disclose your information in response to a lawful and enforceable request by law enforcement, judicial, or other public authorities, or in connection with an enforceable legal obligation. In such instances, we will disclose your Personal Information upon receipt of an enforceable court order, subpoena, or other lawful process, or where otherwise required by law.
19. Choice of Law & Jurisdiction
These Terms are governed by and construed under the laws of the United States of America, and the State of Pennsylvania without reference to conflict of laws principles, except where preempted by U.S. federal law.
Any claims or disputes arising out of or relating to these Terms are also governed and construed by the laws of the United States of America, and the State of Pennsylvania. All disputes arising out of or related to these Terms and the Services shall be subject to the exclusive jurisdiction of the state and federal courts located in Montgomery County, Pennsylvania and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts.
20. Severability
If any portion of these Terms is found to be unenforceable, that provision will be severed from these Terms, and will not affect the validity and enforceability of the remaining Terms.
21. Complete Terms
Please note that these Terms, along with any other documents incorporated by reference, make up the entire agreement between you and PetroChoice. We reserve all rights that are not expressly granted to you. You may not transfer any rights given or obligations borne to you under these Terms without our express consent. We do not waive any provision under these Terms even if it is not enforced.
22. Contact Us
If you have any questions regarding these Terms or our practices, you can contact us at:
PetroChoice, LLC
640 Freedom Business Center Drive,
King of Prussia, PA 19406
Email: ecom-admin@petrochoice.com
Phone: 888-575-1226
Effective Date: 08.27.2020