Slick Energy Terms of Service

 

Effective Date: August _25_, 2020

 

Slick (SLICK ENERGY, INC) provides a marketplace to purchase home heating oil AS WELL AS OFFER RELATED BUSINESS SUITE SERVICES TO FUEL PROVIDERS (“Products”) SOMETIMES from third party service providers (each a “Provider”).  THIS INCLUDES BUT IS NOT LIMITED TO THE COMPANY'S OFFERINGS UNDER ITS WWW.SLICKENERGYPRO.COM AND WWW.SLICKTANKS.COM WHICH MAY OFFER PRODUCTS AND SERVICES RELATED TO THE DELIVERY OF FUEL OIL AND PROPANE.  THESE TERMS AND SERVICES PERTAIN SPECIFICALLY TO THE TANK TRACKER OFFERING.

 

PLEASE READ THESE TERMS OF SERVICE (COLLECTIVELY WITH SLICK’S PRIVACY POLICY LOCATED AT [_________https://www.slicktanks.com/privacy__], THE “TERMS OF SERVICE”) CAREFULLY BEFORE USING ANY SLICK ENERGY WEBSITE & OR ANY OTHER AFFILIATED WEBSITE INCLUDING (WWW.SLICKENERGY.COM, WWW.SLICKTANKS.COM, WWW.SLICKENERGYPRO.COM) (THE “SITES”), AND THE SERVICES, FEATURES AND CONTENT OFFERED BY SLICK (“SLICK,” “WE,” “US” OR “OUR”) (TOGETHER WITH THE SITES AND THE APPLICATIONS, THE “SERVICES”).  THESE TERMS OF SERVICE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICES.

 

YOUR RIGHT TO USE THE SERVICES IS EXPRESSLY CONDITIONED ON ACCEPTANCE OF THESE TERMS OF SERVICE. BY VISITING THE SITES AND/OR USING THE SERVICES IN ANY MANNER, YOU UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS OF SERVICE.  IF THESE TERMS OF SERVICE ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS OF SERVICE.  IF YOU DO NOT AGREE WITH ANY PROVISION OF THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE SERVICES IN ANY MANNER FOR ANY PURPOSE.  

 

  1. Acceptance of Terms of Service. By using the Services, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time through the Services by us, each of which is incorporated into these Terms of Service by this reference and each of which may be updated from time to time.  These Terms of Service apply to all users of the Services (“Users”), registered or otherwise, and not just those Users who buy Products using the Services.

 

  1. Eligibility. You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not use the Services. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your own personal use and not for you to use for the benefit of any third party.  You may not use the Services to purchase Products for resale.

 

  1. Registration. Using certain features of the Services, including buying Products, requires that you register an account with us (your “Account”).  You agree to provide accurate and complete personal information in connection with such registration process, including without limitation your full name and email address. In order to facilitate transactions via the Services, we may request additional personal information in connection with such transactions, such as your delivery address and phone number.  You must provide accurate and complete information and keep your Account information updated. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s User account or registration information for the Services without permission, or register any Account for the purpose of impersonating anyone else.  You may only register one Account with us at a time.  You must notify us immediately of any breach of security or unauthorized use of your Account. 

 

  1. Content. The term “Content” means all content appearing on the Site or delivered through the Services, including, without limitation, information, data, text, photographs, videos, written posts and comments, and graphics.  Content on the site may be provided by us, our partners, advertisers and our Users, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws.  You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.  We do not guarantee that any specific Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason. 

 

  1. Feedback.  Any feedback, reviews, comments, survey response, and suggestions or recommendations for modifications, improvements or changes to the Services or the Site that you may provide us from time to time (the “Feedback”) shall be solely owned by us (including all intellectual property rights therein and thereto).  You hereby assign and agree to assign all right, title and interest in and to the Feedback to us.  

 

  1. Purchasing Product.  

 

    1. Product Information.  Some of the information and descriptions for the Products are for Products that are sold by third parties and may be based on information provided to Slick by Providers or based on information available to Slick from other sources (e.g., third party reviews, company listings, etc.).  Slick does its best to provide information that it believes is correct, but cannot guarantee the accuracy or completeness of any Content on the Site.  There may be information in our Services that contains typographical errors, inaccuracies, omissions and other types of errors, including without limitation errors that relate to descriptions of Products, pricing, promotions, offers, and availability. We are not responsible for these errors; however, we will take reasonably requested steps to correct any materials errors related to any of your listings for Products, but you must notify us of the error before shipping such Products to a Buyer.  Products recommended via the Services may be out of stock or may not be available for delivery in your area.  If Slick is unable to facilitate a purchase transaction for any reason, it will notify you and you will not be responsible for the applicable purchase price..    

      

 

    1. Claims.  SLICK IS NOT RESPONSIBLE FOR DELIVERING HEATING OIL TO CUSTOMERS (RECIPIENTS) AND OR FOR PERFORMING ANY SERVICES THAT ARE ASSOCIATED WITH YOUR PURCHASE OF ANY SLICK PRODUCTS INCLUDING BUT NOT LIMITED TO HEATING OIL TANK INSPECTIONS.  ANY CLAIMS RELATED TO THE DELIVERY OF THE HEATING OIL, INCLUDING CLAIMS THAT PRODUCT WAS NOT DELIVERED, CLAIMS OF DAMAGE TO PROPERTY, OR CLAIMS RELATED TO PRODUCT QUALITY ISSUES MUST BE HANDLED SOLELY BETWEEN YOU AND THE CUSTOMER (RECIPIENT OF THE HEATING OIL DELIVERY AND OR TANK INSPECTION.).  YOU ARE RESPONSIBLE FOR MAKING ANY CLAIMS DIRECTLY WITH THE RECIPIENT AND AGREE THAT YOU WILL NOT SEEK TO HOLD SLICK RESPONSIBLE FOR THE FOREGOING CLAIMS.  THESE CLAIMS EXTEND TO ANY TANK INSPECTIONS PERFORMED USING THE TANK TRACKER PRODUCT.  TANK TRACKER IS INTENDED TO BE USED TO STREAMLINE A PROCESS NOT ACT AS A PROXY TO AN ACTUAL INSPECTION.

    2. TANK INSPECTIONS.  THE TANK TRACKER PRODUCT IS NOT AN ENDORSEMENT OF THE HEATING OIL TANK CONDITION IN ANY WAY AT THE TIME OF THE INSPECTION OR AT ANY TIME DURING THE LIFE OF SAID HEATING OIL TANK.  YOU AND YOUR COMPANY ARE 100% RESPONSIBLE FOR FOLLOWING ANY AND ALL PROTOCOL REQUIRED BY YOUR INSURANCE AGENT AND OR COMPANY.   SLICK IS IN NO WAY GUARANTEEING, CERTIFYING, OR PROVIDING ANY WARRANTY IN ANY FORM.  TANK TRACKER SIMPLY PROVIDES AN AUTOMATED WAY TO PERFORM VIRTUAL INSPECTIONS.  WHILE SLICK DOES ITS BEST TO PROVIDE ACCURATE PHOTOS, VIDEOS AND DATA, IT IS POSSIBLE THAT SOME DATA MAY BE INCORRECT.  IT IS 100% UP TO YOU TO VERIFY ANY AND ALL DATA.  ANY INCORRECT DATA WILL BE 100% YOUR RESPONSIBILITY.  SHOULD A HEATING OIL TANK THAT WAS INSPECTED USING TANK TRACKER HAVE ANY ADVERSE ISSUE INCLUDING BUT NOT LIMITED TO LEAKING AT ANY TIME, YOU AGREE TO NOT HOLD SLICK RESPONSIBLE IN ANY FORM.   

 

 

 

  1. Rules of Conduct. 

 

    1. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.  

 

    1. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Services that:

      1. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;

      2. you know is false, misleading, untruthful or inaccurate;

      3. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;

      4. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);

      5. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;

      6. impersonates any person or entity, including any of our employees or representatives; or

      7. includes anyone’s identification documents or sensitive financial information.

 

    1. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.

 

    1. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

 

  1. Third Party Services. The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

 

  1. Termination. We may terminate the Services and/or your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately.  If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

  1. Warranty Disclaimer.

 

    1. We have no special relationship with or fiduciary duty to you. You release us from all liability for you having acquired or not acquired Content or Product through the Services. We make no representations or warranty concerning any Content or Product contained in or acquired through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of Content or Product contained in or acquired through the Services.  

 

    1. Slick has no control over the quality, safety, or legality of any aspect of the Product sold by Providers, the truth or accuracy of the any Product descriptions, or the ability of Providers to sell and deliver the Product.  Your use of the Services and any Product acquired through the Services is at your own risk.

 

    1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM SLICK SHALL CREATE ANY WARRANTY.  SOME STATES DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

 

  1. Indemnification. You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or inability to use the Services. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

 

  1. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM GIVING RISE TO SUCH DAMAGES OR (B) $50.00. SOME STATES DO NOT PERMIT THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

  1. Dispute Resolution. A printed version of the Terms of Service and of any notice given in electronic form shall be admissible in any dispute resolution or administrative proceedings based upon or relating to the Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  User and Slick agree that any claim or cause of action arising out of or related to the Service must commence within one (1) year after the claim or cause of action arose; otherwise, such cause of action is permanently barred.  These Terms of Service are governed by and will be construed under the laws of the State of Massachusetts, without regard to the conflicts of laws provisions thereof.  Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Massachusetts, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in the State of Massachusetts. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS: CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.  YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND SLICK ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

 

  1. Modification. We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of material modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes.

 

  1. Miscellaneous.

 

    1. Entire Agreement and Severability. These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

 

    1. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

 

    1. Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

 

    1. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect. 

 

    1. Notices. Unless otherwise specified in these Term of Services, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to [_INFO@SLICKENERGY.COM_________________].   

 

    1. No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

 

    1. Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.

 

  1. Contact. You may contact us at the following address: [______89 FRONT ST, SUITE 304.  MARBLEHEAD, MA 01945._____________].