Servicing the Michigan Market. Contact us today.
0 Cart $0.00 USD
Added to Cart
    You have items in your cart
    You have 1 item in your cart
    Total

    Terms of Use

    Thank you for visiting the website of Major Brands Oil Company (MBOC). MBOC owns, operates, and provides the website located at https://majorbrandsoil.com (the "website"). These terms and conditions ("Terms of Use") govern your access to and use of the website as well as the content, functionality, goods and/or services offered through the website. Throughout these Terms of Use, the terms "we," "us," and "our" refer to MBOC and the terms "you" and "your" refer to any visitor to or use of the website.

    Subject to these Terms of Use, the website: (i) displays application equipment, abrasive blasting equipment, parts, and accessories, petroleum, paint, chemical products, and related safety equipment offered by MBOC that are available for sale; (ii) allows you to submit a credit application for a potential extension of credit from MBOC to purchase MBOC products (iii) allows you to submit reviews related to MBOC and its products; (iv) allows you to register your name and e-mail address with MBOC to receive offers, news, and other information from MBOC via e-mail; (iv) allows you to submit a quote request to obtain pricing from MBOC related to particular products offered by MBOC; (v) allows you to create an account with MBOC; (vi) allows you to submit product return requests; and (vi) allows you to register to obtain copies of data sheets related to products and the safety of these products offered on the website.

    The items displayed on the website are continuously being updated and changed and it is possible that some of the items that are displayed on the website may not be available for purchase at any particular time. MBOC is not responsible to you, or to any other party, if an item displayed on the website is not available for purchase at any particular time.

    Changes to the website and/or Terms of Use

    From time to time and without providing notice to you, we will make changes or improvements to the items, services, and/or features included on the website. Additionally, from time to time and in our sole discretion, we will change or make additions to these Terms of Use, in which case we will post the revised Terms of Use on the website and the revised Terms of Use will be effective immediately upon posting.

    You are responsible for reviewing the most current version of the Terms of Use before using the website to ensure that you agree to any revisions to the Terms of Use. If at any time you do not agree to the revisions, you should immediately cease all use of and access to the website. By continuing to use the website after we post any such changes, you accept the Terms of Use, as modified. You further agree that these methods of providing notice and acceptance of changes or amendments to these Terms of Use and to the website are reasonable.

    Account Security

    If you choose to create an account on the website, such accounts are created through Shopify and are subject to the terms of use and privacy policies of such companies. You must treat your user name, password or any other piece of information related to your account as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

    We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

    Your Responsibility

    You represent that all of the information, data, and other materials you provide on the website or to MBOC through any other means, are true, accurate, and complete. You are responsible for updating and correcting the information you have provided on the website or to MBOC through any other means, as appropriate.

    You must not use the website: (a) to violate any local, state, national or international law; or (b) to interfere with or disrupt the servers or networks connected to the website, or disobey any requirements, procedures, policies or regulations of networks connected to the website.

    Except as permitted pursuant to these Terms of Use, neither the website, nor any portions thereof, may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

    Permission is hereby granted to the extent necessary to lawfully access and use the website and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of the website on a temporary basis and for your individual non-commercial use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials. MBOC neither warrants nor represents that use of content displayed on the website will not infringe rights of third parties not owned by or affiliated with MBOC.

    You must not display, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the website. Without our prior written consent, you may not (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (b) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts or other automatic device) to monitor or copy our web pages or the content contained thereon; (c) link or deep-link to the website for any purpose except as described in these Terms of Use; or (d) frame the website, place pop-up windows over its pages, or otherwise affect the display of the website.

    Intellectual Property

    Unless otherwise indicated, the website and its design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion and other matters related to the website are protected under applicable copyright, trademark and other proprietary laws, including but not limited to those of the United States, and all rights therein are the property of MBOC or the material is included with the permission of the rights owner.

    You acknowledge that MBOC owns all right, title and interest in and to all of the information on the website, and all underlying software and technology, including without limitation all Intellectual Property Rights, or that the material is included with the permission of the rights owner. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

    Trademarks

    Certain of the names, logos, and other materials displayed on the website constitute trademarks, tradenames, service marks or logos ("Marks") of MBOC or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with MBOC or those other entities.

    Copyrights: Restrictions on Use

    The content made available to you through the website, including without limitation, text, databases, software, code, music, sound, photos, and graphics ("Our Content"), is: (a) copyrighted by MBOC and/or its licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by MBOC or its licensors. Except as permitted in the Terms of Use, Our Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, performed, displayed, or redistributed in any way without our prior written permission and/or the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content.

    Linking to the website and Links from the website

    You may link to the homepage of the website provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

    Subject to the foregoing, you must not: cause the website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; link to any part of the website other than the homepage; otherwise take any action with respect to the materials on the website that is inconsistent with any other provision of these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

    The website includes links to other sites and resources provided by third parties such as various social media sites (e.g. Facebook, Twitter, Pinterest, etc.). We have no control over the content of those sites and accept no responsibility for them or for any loss or damage that may arise from your use of such sites. If you decide to access any third party websites linked to the website, you do so entirely at your own risk and subject to the terms and conditions of use of such websites. We may disable all or any social media features that may be included on the website and any links at any time without notice in our discretion.

    Limitation of Liability and Disclaimer of Warranties

    When using the website, information will be accessed by you over a medium that is beyond our control. As a result, we do not assume any liability for, or relating to, the delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the website. We do not assume any liability related to your use of any third party websites linked to through the website or otherwise.

    You expressly agree that use of the website is at your sole risk. Access to the website, and its content, are provided on an "as is" and "as available" basis. Mboc, to the fullest extent permitted by law, disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third-parties' rights, title, or fitness for a particular purpose, or warranties arising by course of dealing or custom of trade with respect to the website or the products sold thereby, and the services provided thereon, or with respect to any website to which the website is linked.

    These Terms of Use give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out herein may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out herein shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.

    Limitation of Damages and Remedies

    You agree that MBOC, its affiliates or their licensors, service providers, employees, agents, officers, and/or directors shall not be liable to you or anyone else for any damages suffered as a result of accessing, using, printing, copying or downloading anything from the website. You further agree that MBOC shall not be liable for any loss or injury caused in whole or in part by relying upon, using, or interpreting the website. In no event will MBOC be liable to you or anyone else for any incidental, consequential, indirect, special or exemplary damages or lost profits arising out of the use or inability to use the website, even if MBOC, its agents or representatives know or have been advised of the possibility of such damages. Notwithstanding the prior sentence, we accept product returns under certain conditions as detailed in the terms of sale. Some states do not allow the exclusion or limitation of incidental damages, or limitations upon how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. In no event shall MBOC be liable for any personal injury, including death, caused by your use or misuse of the website or the content or any of the products sold on the website.

    Any claims made by you in connection with your use of the website, or its content, must be bought by you within one (1) year of the date on which the event giving rise to such action occurred. All remedies set forth herein are exclusive and are limited to those expressly provided for in the terms of use.

    Termination

    You agree that we, in our sole discretion, may terminate your use of, and/or access to, the website, for any reason and without prior notice, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Further, you agree that we shall not be liable to you or any other party for any termination of your access to the website.

    Indemnity

    You agree to indemnify, defend and hold harmless MBOC, its parents, subsidiaries, affiliates, officers, directors, and other partners, employees, consultants and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur, resulting from, or alleged to result from: (i) your breach of these Terms of Use; (ii) your violation of any applicable law, regulation, rule or order pertaining to your use of the website; and/or (iii) your unauthorized or unlawful use of the website.

    Website Disclaimer

    This website and the information provided herein are provided on an “as is" basis. Neither majorbrandsoil.com nor its parent company, affiliates, nor each of their respective officers, directors, employees, and agents, warrant that the use of the majorbrandsoil.com site will not be interrupted or error-free, nor do we warranty the accuracy, validity, completeness or reliability of the content provided on the site.

    Warranty Disclaimer

    We make no representation or warranty of any kind, whether expressed or implied, including but not limited to, implied warranties of merchantability, non-infringement, or fitness for a particular purpose. All items purchased from our store are accompanied by a manufacturer warranty, unless indicated otherwise. We acknowledge that any warranty in connection with all products or services offered on our site is solely provided by the manufacturer or supplier of that product or service. For warranty information and/or assistance, please check the documentation supplied with the product or contact the manufacturer.

    Shipping Disclaimer

    We will make every effort and use every good measure to deliver your order on time. Majorbrandsoil.com will not be responsible for any delay of the shipment during transit, for reasons including but not limited to, negligence by the shipping carrier, employee strikes, and weather.

    Limitation of Liability

    Under no circumstances, shall majorbrandsoil.com or its associates be liable for any direct, indirect, incidental or consequential damages, that result from your use of or inability to use the majorbrandsoil.com site, or from products or services offered on the site, including but not limited to your reliance on any information obtained from the site or the use of products or services offered on the site, that results in mistakes, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance, damage to equipment, and/or personal injury or death. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

    Product Description/Images

    Product descriptions and images displayed on our site are for quick reference only. Majorbrandsoil.com is not responsible for changes or variations in product specifications and/or physical appearance. Although we do our best to ensure that all product information is up-to-date and accurate, there are circumstances which can cause the information on our website to be listed incorrectly or become outdated without our immediate knowledge. This includes but is not limited to preliminary specification supplied by the manufacturer in error, new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. Majorbrandsoil.com relies on the manufacturer to communicate these differences. Presently, we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so. Consequently, majorbrandsoil.com is not responsible for misleading information displayed on our site. If you discovered an error, please contact us and we will correct it.

    Typographical Errors

    In the event that a MBOC product is mistakenly listed at an incorrect price, MBOC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. MBOC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, MBOC shall issue a credit to your credit card account in the amount of the incorrect price.

    Use of Site

    Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a MBOC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

    You Must Be At least 18 Years of Age

    You must be at least eighteen (18) years of age to register on or purchase items through any website. By using and/or registering and/or providing any information on the website, you certify that you are at least eighteen (18) years of age and of legal age to form a binding contract. We do not collect personally identifiable information from any person whom we actually know is under the age of eighteen (18).

    Client representations and warranties

    Client represents and warrants that: (a) it is authorized to enter into these Terms and any applicable Order; (b) all information it has or will provide to MBOC is complete and accurate; (c) Client knows how to, and it shall: use, handle, store, transport and dispose of the Products in such a manner as is necessary for the safety and protection of persons and property, in accordance with the manufacturer's recommendations and instructions, and in accordance with all applicable laws and regulations; (d) it will reasonably cooperate with MBOC to enable MBOC to provide the Products; (e) it has all necessary licenses, leases or rights to use the Products, and (f) it shall abide by all agreements between Client and a third party provider including manufacturers (each, a "MBOC Manufacturer") related to the Products. Client acknowledges that MBOC is not responsible for services or products provided by MBOC Manufacturers or covered by third party agreements between Client and the MBOC Manufacturer.