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Welcome to our Web site. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site. The term “Central Oil” or “us” or “we” or “our” refers to Central Oil of Virginia Corporation, the owner of the Web site. The term “you” refers to the user or viewer of our Web Site. Acceptance of Agreement You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. Copyright The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties. Service Marks "www.cleanheat.com" and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners. Limited License; Permitted Uses You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances. Restrictions and Prohibitions on Use Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: Third-Party Websites The Website may contain links to websites operated by third parties ("Third-Party Websites"). Central Oil of Virginia does not have control over Third-Party Websites, each of which may be governed by its own terms of service and privacy policy. Central Oil of Virginia has not reviewed, and cannot review, Third-Party Websites, and therefore does not warrant or endorse any Third-Party Website or the content appearing thereon. By visiting or using Third-Party Websites, You assume all responsibility and liability for all resulting harms, whether to You or to any third party, including without limitation as resulting from Your downloading or use of any content, software or other materials available therefrom. Consent to Receive Email from Central Oil of Virginia By becoming a client of Central Oil of Virginia, You consent to receive Central Oil of Virginia's periodic newsletter (the "Newsletter"), which Central Oil of Virginia distributes by email to Your address on file with Central Oil of Virginia. When You complete Central Oil of Virginia's online case submission form, You may also choose to be added to Central Oil of Virginia's newsletter emailing list. If You are not a client and would like to stop receiving Central Oil of Virginia's newsletter or other automated follow-up emails, You should click on the opt-out link contained in any of the email newsletters or other automated follow-up emails. Intellectual Property The content located on the Website, including without limitation this Agreement, is the copyrighted property of Central Oil of Virginia or its licensors. Similarly, the Central Oil of Virginia name, the cleanheat.com domain name, and all other names and logos used by Central Oil of Virginia in connection with the offering of Central Oil of Virginia's goods and services are the trademarks and service marks, or registered trademarks or registered service marks, of Central Oil of Virginia or its licensors. Except as explicitly permitted, neither Your use of the Website nor this Agreement grants You any right, title or interest in or to Central Oil of Virginia and Central Oil of Virginia's licensors' copyrights, trademarks and service marks. Copyright © 2006 to the present, Central Oil of Virginia, ALL RIGHTS RESERVED. If You believe that material located on or linked to by the Website infringes one or more of Your copyrights, please immediately notify Central Oil of Virginia in writing. Your notice should include: a signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf; an identification of the copyright claimed to have been infringed; a description of the nature and location of the material that You claim to infringe Your copyright, in sufficient detail to permit Central Oil of Virginia to find and positively identify that material; Your name, address, telephone number and email address; and a statement by You (i) that You believe in good faith that the use of Your copyrighted material is not authorized by law, or by the copyright owner or such owner's agent and, (ii) under penalty of perjury, that all of the information contained in Your notice is accurate, and that You are either the copyright owner or a person authorized to act on their behalf. DISCLAIMER OF WARRANTIES Central Oil of Virginia HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, Central Oil of Virginia EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. OPERATION OF THE WEBSITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ALL HARMS, WHETHER TO YOU OR TO ANY THIRD PARTY, ARISING OR RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION AS RELATE TO ANY DAMAGE TO YOUR SYSTEMS OR DATA. LIMITATION OF LIABILITY THE LIABILITY OF Central Oil of Virginia IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Central Oil of Virginia SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF ANY ADVICE OR NOTICE GIVEN TO Central Oil of Virginia, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE. ADDITIONALLY, THE MAXIMUM LIABILITY OF Central Oil of Virginia UNDER ALL CIRCUMSTANCES WILL BE THE AMOUNT PAID BY YOU TO Central Oil of Virginia IN CONSIDERATION OF YOUR USE OF THE WEBSITE OR $25, WHICHEVER IS LESS. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN Central Oil of Virginia AND YOU. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. Indemnity You agree to defend, indemnify and hold harmless Central Oil of Virginia and its partners, employees, affiliates, agents, contractors and representatives (the "Central Oil of Virginia Parties") from and against all claims, losses, costs, damages, liabilities, and expenses (including without limitation attorneys' fees) arising out of or relating to: (i) Your use of the Website; (ii) any violation by You of this Agreement; or (iii) Your submission to Central Oil of Virginia by means of the Website of incomplete, inaccurate or untimely information or other data. The Central Oil of Virginia Parties shall have the right, but not the obligation, to participate through counsel of their choice in any defense by You under this Section. Termination In the event of a breach by You, this Agreement and all licenses granted thereunder shall automatically terminate, except that the following provisions will survive: CONSENT TO RECEIVE EMAIL, INTELLECTUAL PROPERTY, DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, and . Any termination of this Agreement terminates all of Your rights to use the Website, including Your license to the content located thereon. Without limiting any other provision of this Agreement, Central Oil of Virginia reserves the right to, in its sole discretion and without notice or liability, deny use of the Website to any person for any reason or no reason at all. Choice of Law; Jurisdiction and Venue The Website is located and operated by Central Oil of Virginia Corporation in Rocky Mount, Virginia. This Agreement shall be interpreted and enforced as though executed in Rocky Mount, and shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to its conflict of law principles. THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF OR RELATING TO THE WEBSITE OR THIS AGREEMENT WILL BE THE STATE AND FEDERAL COURTS LOCATED IN VIRGINIA. THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS. Entire Agreement; Amendment This Agreement constitutes the entire agreement between Central Oil of Virginia Corporation and You concerning Your use of the Website. This Agreement may only be modified as stated in Section 2, above, or by amendment signed by an authorized representative of Central Oil of Virginia Corporation. Severability; Waiver If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Assignment This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of Central Oil of Virginia Corporation. Notwithstanding the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. Relationship Without limiting any other provision of this Agreement, this Agreement creates no agency, partnership, joint venture or employee-employer relationship between You and Central Oil of Virginia Corporation. |