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LEGAL TERMS AND CONDITIONS
Use of Site Content
The contents of our website(s), such as text, graphics, images and other content are protected by copyright under both United States and foreign laws. DollarWise Oil authorizes You to view and download a single copy of the content for your personal use. Unauthorized use of the content may violate copyright, trademark, and other laws. You agree to retain all copyright and other proprietary notices contained in the original content on any copy You make of such material. You may not sell or modify site content or reproduce, display, distribute, or otherwise use the content in any way for any public or commercial purpose without the expressed written permission of DollarWise Oil and/or the rightful owner of the content. Use of the content on any other web site or in a networked environment is prohibited without the expressed written permission of DollarWise Oil and/or the rightful owner of the content.
Trademarks
The names, marks and logos appearing on our site are, unless otherwise noted, trademarks owned by DollarWise Oil or a third party. The use of these marks, except as provided in these Terms and Conditions, is prohibited. From time to time, DollarWise Oil makes fair use of trademarks owned and controlled by third parties and DollarWise Oil makes every attempt to note such use. Failure to note use of marks owned by third parties in no way allows DollarWise Oil or You to claim to ownership of those marks.
Limitation of Liability
Although DollarWise Oil strives for accuracy on any or all of its websites, they may contain inaccuracies or typographical errors. Additionally, while users of our site are bound by these terms and conditions not to submit false material, DollarWise Oil cannot be responsible for the violation of these terms by users, or for the reliance by users upon false or misleading material submitted to us. DollarWise Oil makes no representations about the accuracy, reliability, completeness, or timeliness of the material on our website(s) or about the results to be obtained from using any website. You use our website(s) and content at your own risk.
DollarWise Oil makes all reasonable efforts to keep our computers, network systems, and websites free from computer viruses and other harmful material however we do not warrant that our websites will operate error-free or that the our servers, code, or networks are free of computer viruses or other harmful material. If your use of our website(s) or website(s) content results in any costs or expenses, including, without limitation, the need for servicing or replacing equipment or data, DollarWise Oil shall not be responsible for those costs or expenses.
Disclaimer of Consequential Damages
Our websites and the content on our websites are provided on an “AS IS” basis without warranties of any kind. DollarWise Oil makes no warranties about the accuracy, reliability, completeness or timeliness of content, services, software, text, graphics and/or links on any of our sites. Neither DollarWise Oil, its sites, or any third party mentioned on any site shall be liable for any damages whatsoever resulting from the use or, inability to use, our websites or sites linked to our websites. Sites may contain links to other sites on the Internet that are operated by parties other than DollarWise Oil. DollarWise Oil is not responsible for the content of any such external site, or for the availability of the site or its content. If You decide to visit any third-party sites using links from this Web Site, You do so at your own risk and agree that we shall not be liable for any damages that result from your use of such sites.
Indemnity
By using this Web Site, You agree to defend, indemnify, and hold harmless DollarWise Oil its officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that DollarWise Oil may become obligated to pay arising or resulting from your use of our website(s) or your breach of these Terms and Conditions. DollarWise Oil reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
Miscellaneous
DollarWise Oil does not claim that our websites are appropriate or may be used outside of the United States. Access to our websites may not be legal by certain persons or in certain countries. If You access our websites from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
These Terms and Conditions are governed by the substantive laws of the State of New York, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in the State of New York, with respect to any dispute, disagreement, or cause of action related to or involving our websites. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in our website(s), these Terms and Conditions constitute the entire agreement between You and DollarWise Oil with respect to your use of our Websites.
A. Arbitration / Class Action Waiver.
- You mutually agree with us to resolve any and all disputes between each other, including arising under this Agreement, through binding arbitration or small claims court rather than a court of general jurisdiction. Arbitration utilizes a neutral arbitrator instead of a judge or jury and the procedures are generally simpler and more limited than those applicable to a lawsuit in court. Arbitration is subject to limited review by courts, but an arbitrator can award the same damages and remedies that a court can award. For the purposes of this arbitration provision, a “dispute” between us shall be broadly construed to mean any dispute, claim, or controversy between you and us, including any dispute relating to this Agreement.Nothing in this arbitration provision shall prevent you or HOP from: (i) bringing an individual action in small claims court if the dispute is within the jurisdiction of that court, (ii) seeking preliminary injunctive relief in aid of arbitration in the state or federal courts of the state in which your home club is located, or (iii) pursuing an available enforcement action through any local, state, or federal governmental agency.
- Class Action Waiver. YOU AND HOP AGREE THAT EACH MUST BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING To the fullest extent permitted by law, you and HOP acknowledge and agree that you and we each are giving up and waiving the right to a trial by jury and the right to participate in a class action, either in court or in arbitration, or in any other representative or consolidated proceeding. This means that neither you nor HOP may join claims in arbitration with or against other customers, or litigate in court or arbitrate any claims as a representative or member of a class and that the arbitrator may not consolidate any claims into a class proceeding.
- Arbitration Rules The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this arbitration provision. The arbitration will be conducted on an individual basis before a single arbitrator in accordance with the then current American Arbitration Association’s Consumer Arbitration Rules (“AAA Consumer Rules”), available at www.adr.org. The arbitrator, and not any local, state, or federal court, shall have the exclusive authority to determine all issues regarding the interpretation, applicability, and enforcement of this agreement and all issues regarding the arbitrability of the dispute, including but not limited to any claim that all or part of this arbitration provision is void or voidable. The arbitrator is authorized to issue any and all remedies authorized by law. The decision of the arbitrator shall be final and the arbitration award enforceable by any court with jurisdiction over the parties. In the event of a conflict between the terms of this arbitration provision and the AAA Consumer Rules, the terms of this arbitration provision shall control unless the arbitrator determines that the application of any inconsistent arbitration provision terms would result in a fundamentally unfair arbitration. You and HOP agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, compelled by a court of competent jurisdiction following service of a subpoena and prior notice to you or HOP, or as mandated by applicable disclosure rules and regulations of governmental agencies. This arbitration provision shall survive termination of this Agreement or your time as a customer.
- Arbitration Procedures. You and HOP agree to attempt initially to solve all disputes subject to arbitration by conducting good-faith, informal negotiations. Before commencing arbitration, the party seeking arbitration must provide the other party with written notice of the dispute that includes: (i) the name, mailing address, and email and/or phone number of the party giving notice; (ii) a detailed description of the dispute; and (iii) the relief sought. Your written notice must be sent mail or by any nationally recognized delivery service (e.g. UPS, Federal Express, etc.), or e-mail to: [email protected]You and HOP agree to use good-faith efforts to attempt to resolve the dispute within forty-five (45) days from the date the notice of the dispute is sent. If you and HOP do not reach agreement on resolving the dispute within those forty-five (45) days, the party seeking arbitration may commence arbitration in accordance with the AAA Consumer Rules. Any in-person arbitration hearings will take place in the county (or other municipality) where you Delivery Address is located
