TERMS OF LAWMANíS OIL SERVICE AND WEB SITE
Please read all of these terms and conditions ("Terms") carefully
before using this web site or our services.
This web site (the "Site") is owned and provided by Lawman’s Oil, LLC (“Lawman’s Oil” or “us”) as a service to our customers. Please feel free to browse this Site, but note that users of this Site and the services (“you”) are subject to these Terms and all applicable laws Lawman’s Oil may deny you access to this Site if you fail to comply with the Terms or applicable laws. All content on this Site may be changed, added, removed or updated at any time; however, Lawman’s Oil is under no obligation to do so.
2. Order and Delivery Services; Cancellation. You may use this Site to make online orders and online payments for the delivery of heating oil from Lawman’s Oil. While Lawman’s Oil cannot guarantee any delivery times for your heating oil delivery, Lawman’s Oil will use reasonable efforts to deliver your heating oil within two (2) business days of ordering. Please note that Lawman’s Oil only makes heating oil deliveries Mondays through Fridays (excluding holidays) between the hours of 8:00 a.m. and 5:00 p.m. We have a 150 gallon minimum delivery requirement. In the event you order between 0-99 gallons for one delivery you will be required to pay an additional surcharge of $50.00.If you order between 100-149 gallons for one delivery, you will be required to pay an additional surcharge of $25.00.
This Site may also be used for emergency orders or a heating oil delivery request outside of Lawman’s Oil’s normal delivery days and times, but any such an order will be require payment of a surcharge of $25.00 and, although we will use reasonable efforts to deliver such an order within the same or next business day, Lawman’s Oil cannot guarantee any delivery day or time.
Lawman’s Oil reserves the right to cancel any delivery of heating oil if an event beyond its reasonable control (including, but not limited to, inclement weather, war, fire, flood, hurricane, explosion, riots, acts of enemies, terrorism, strikes, or acts of God) occurs between the time you have placed your order and the time we deliver your order and such event causes a material effect on the market price of heating oil. If Lawman’s Oil elects to cancel your delivery due to such an event, we will notify you of such cancellation and you are entitled to a full refund as further set forth in Section 3 below.
Lawman’s Oil also reserves the right to cancel any delivery if it arrives at the delivery location and determines, in its sole reasonable discretion, that the heating oil tank is unsafe or unstable or that the heating oil tank does not have an operating vent alarm. If Lawman’s Oil elects to cancel your delivery due to such an event, we will notify you of such cancellation and you are entitled to a refund, less a processing fee and a service charge, as further set forth in Section 3 below.
3. Payment and Refunds. If you use this Site to order a delivery of heating oil from Lawman’s Oil, you must pre-pay for such delivery in full by credit card at the time of ordering. Refunds will only be made to the original credit card used for online payment and will only be issued in the following circumstances:
- If you paid us for more gallons of heating oil than your tank can reasonably accommodate at the time of delivery. If this event occurs, the original customer who placed the order must submit a refund request in writing or via our website. There will be a 5% processing fee or a minimum charge of $10 for refunds of this type. If a refund request is not made, Lawman’s Oil will retain the excess pre-paid funds in your account with Lawman’s Oil and apply them toward your next heating oil purchase and delivery;
- If Lawman’s Oil does not attempt a delivery of your heating oil within one (1) week of your online delivery order and there is no other event preventing such delivery (as discussed below). If this event occurs, the original customer who placed the order must submit a refund request in writing or via our website. If a refund request is not made, Lawman’s Oil will retain the pre-paid funds in your account with Lawman’s Oil and apply them toward your next heating oil purchase and delivery; and
- If Lawman’s Oil is prevented from making a delivery within a reasonable period of time due to an event beyond its reasonable control (including, but not limited to, inclement weather, war, fire, flood, hurricane, explosion, riots, acts of enemies, terrorism, strikes, or acts of God). If such an event occurs, the original customer who placed the order must submit a refund request in writing or via our website. If a refund request is not made, Lawman’s Oil will retain the pre-paid funds in your account with Lawman’s Oil and apply them toward your next heating oil purchase and delivery.
- If Lawman’s Oil cancels your delivery of heating oil due to an event beyond its reasonable control (including, but not limited to, inclement weather, war, fire, flood, hurricane, explosion, riots, acts of enemies, terrorism, strikes, or acts of God) that has also caused a material effect on the market price of heating oil. In the event Lawman’s Oil cancels your delivery for such reason, we will notify you either via email or telephone. At such time, you may either request a refund or reschedule your delivery and pay Lawman’s Oil the price difference (if any).
- If Lawman’s Oil cancels your delivery due to an unsafe or unstable heating oil tank or the absence of an operating vent alarm on your tank. In the event Lawman’s Oil cancels your delivery for such reason, we will notify you either via email or telephone. At such time, we will arrange a refund to your credit card, less a 5% processing fee or a minimum charge of $10 and a service charge to cover our reasonable expenses incurred in connection with attempting your delivery.
A refund will not be issued if you have pre-paid for a priming service but our delivery driver is unable to start the oil burner after priming the heating system. Priming the heating system consists of the following: pressing the reset button on the burner; opening the bleeder valve on the burner; purging air from oil lines; and closing the bleeder valve. If no other problems exist, the burner should then ignite. If the burner does not ignite, Lawman’s Oil is unable to further assist you with your heating system and you will likely need to schedule a service appointment with a third party to resolve the issue.
A refund will not be issued if Lawman’s Oil attempted delivery of the heating oil but was denied or unable to gain access to your oil tank or applicable site or was otherwise “locked out” for reasons not within our control (including, but not limited to, access being significantly blocked by debris or incomplete or confusing tank location instructions received from you). In such event, Lawman’s Oil will retain the pre-paid funds in your account with Lawman’s Oil and apply them toward your next heating oil purchase and delivery.
4. Our Service, Pricing Changes and Web Site Content. Our Site and its services and information are provided to you on an "AS IS" basis. We reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this Site and its services or delete the data you provide, whether temporarily or permanently. The prices quoted on this Site fluctuate frequently based on market conditions determined by Lawman’s Oil. You are not guaranteed to receive any price quoted on this Site until you make an actual heating oil purchase at such price.
5. Ownership and Intellectual Property. The trademarks, trade names and corporate logo displayed on this Site are the property of Lawman’s Oil. Lawman’s Oil owns the copyright in the overall selection, coordination, arrangement and enhancement of this Site. The Site may contain information and materials including but not limited to, text, software, photos, video, graphics, audio, images or files incorporated in or generated by the software and data accompanying the software which are derived in whole or in part from information and materials supplied by Lawman’s Oil or third parties, and may be protected by copyright, trademark and other laws. We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in this Site, its content, the related services and any products or goods that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making this Site or its related services available to you and you will have no rights to make any commercial uses of our Site or the related services without our prior written consent. Materials may not be modified, copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled without the owner’s permission.
We may also gather and store non-personally identifying general use information from this Site. Such information may include (but is not limited to) Internet Protocol addresses, information about an internet service provider, referring pages, date and time stamp and clickstream data. We may collect, store and use such various purposes regarding the use of this Site including research, administration of the Site, tracking users’ movements around the Site, gathering information about our users, measuring Site activity and developing ideas for improving the Site. We do not link this type of data to personally identifiable information.
7. Your Conduct. You are not permitted to restrict or inhibit any other user from using or enjoying this Site. The copying, framing, mirroring, scraping or data-mining of this Site or any of its contents in any form or by any method is strictly prohibited. You explicitly agree, in using this Site or any service provided through this Site, that you shall not impersonate or misrepresent your identity or association with any person or entity or forge or misrepresent any other information provided by you; collect or harvest any data about other users; perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable or pornographic; perform any conduct designed to or which does interfere or interrupt this Site or any service provided, infect this Site with a virus or other destructive or deleterious programming routine, or give rise to civil or criminal liability, or which may violate an applicable local, national or international law; use this Site in any manner that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law including, but not limited to, laws relating to copyright, trademark, patent, or trade secrets.
8. Indemnification. You agree to indemnify and hold us and our subsidiaries, affiliates, related parties, officers, directors, employees and agents harmless from any damages, losses, claims, demands, costs and expenses (including reasonable attorney's fees), that are made or caused by any third party, to the extent arising from your conduct in connection with this Site or service, your violation of these Terms or any other violation of the rights of another person or party.
9. Disclaimer of Warranties. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AND ANY SERVICE (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND. IT IS PROVIDED TO YOU "AS IS" AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THIS SITE IS COMPATIBLE WITH ANY COMPUTER SYSTEMS OR BROWSERS. WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY DATA, INFORMATION OR CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. WE MAKE NO WARRANTY THAT THE SERVICE WILL BE PERFORMED WITHIN A PARTICULAR PERIOD OF TIME.
10. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (A) THE USE OF OR THE INABILITY TO USE THE SITE OR RELATED SERVICES, (B) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION OR FAILURE OF A TRANSACTION ENTERED INTO ON THROUGH THE SITE OR THE RELATED SERVICES, (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR (E) ANY OTHER MATTER RELATING TO THE SITE OR THE RELATED SERVICES. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU FOR DIRECT DAMAGES EXCEED THE AMOUNT PAID BY YOU TO US FOR THE HEATING OIL ORDER AND/OR DELIVERY WHICH GAVE RISE TO THE CLAIM FOR DIRECT DAMAGES.
WE ARE NOT RESPONSIBLE OR LIABLE FOR THE OPERATING CONDITION OF YOUR HEATING SYSTEM AND DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR ANY ADVERSE OCCURRENCES RESULTING FROM THE OPERATION OF YOUR HEATING SYSTEM (OR LACK OF OPERATION) INCLUDING, BUT NOT LIMITED TO, LACK OF HEAT, SOOT, SMOKE, FIRE AND RELATED PROPERTY DAMAGE. WE RECOMMEND YOU HAVE YOUR HEATING SYSTEM MAINTAINED AND SERVICED ON AN ANNUAL BASIS BY A REPUTABLE CONTRACTOR. LAWMAN’S OIL DOES NOT PROVIDE SUCH HEATING SYSTEM MAINTENANCE SERVICES.
WE ARE NOT LIABLE FOR ANY ENVIRONMENTAL POLLUTION OR POLLUTION CLEANUP DUE TO TANK RUPTURE OR OIL LEAK OF ANY SORT. CUSTOMER IS RESPONSIBLE FOR PROVIDING SAFE ACCESS TO THE DELIVERY SITE IN ALL WEATHER CONDITIONS. CUSTOMER ALSO ACKNOWLEDGES THAT THE FUEL STORAGE TANK IS OF SOUND CONDITION, HAS A PROPERLY FUNCTIONING VENT ALARM SYSTEM, AND IS SUITABLE FOR SAFE DELIVERY AND STORAGE OF HEATING OIL. WE ARE RESPONSIBLE FOR THE DELIVERY OF HEATING OIL TO THE RECEIVING PIPE OR OUTLET DESIGNATED BY CUSTOMER. CUSTOMER AGREES THAT NEITHER LAWMAN’S OIL NOR ITS EMPLOYEES OR AGENTS ARE OR SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES RESULTING FROM LEAKS OR FOR THE FAILURE OF THE RECEIVING TANK OR ASSOCIATED PIPING OR ANY OTHER MATTER.
LAWMAN’S OIL CANNOT BE HELD RESPONSIBLE FOR ANY OTHER MECHANICAL OR OIL RELATED PROBLEMS (I.E. BLOCKED OIL LINE, CLOGGED OIL FILTER, IMPROPER BURNER SETUP, MECHANICAL PROBLEMS WITH HEATING SYSTEM, THERMOSTAT PROBLEMS AND MANY OTHER RELATED ISSUES THAT WOULD PREVENT THE BURNER FROM IGNITING).
11. Third-Party Sites. As a convenience to you, we may provide links to web sites owned or operated by other entities and persons. With the exception of third party web sites that we may require you to use to complete a transaction hereunder, your use of such third party web sites (“Unrelated Third Party Sites”) is at your own risk. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING, AND SHALL NOT BE LIABLE OR RESPONSIBLE FOR, ANY UNRELATED THIRD PARTY SITES, YOUR USE OF SUCH SITES, OR THE COMPREHENSIVENESS OR ACCURACY OF INFORMATION OR MATERIALS APPEARING THEREON OR ANY PRODUCTS, PUBLICATIONS, SUBJECT MATTER OR SERVICES DESCRIBED THEREON. Furthermore, links do not imply that Lawman’s Oil sponsors, endorses or is affiliated or associated with Unrelated Third Party Sites, or that any Unrelated Third Party Site is authorized to use any trademark, trade name, logo or copyright of Lawman’s Oil. In the event you choose to use links that may appear on our Site to visit other web sites, you are advised to read the privacy policies that appear on those sites.
12. Applicable Law; Exclusive Jurisdiction. These Terms shall be governed by the laws of the Commonwealth of Pennsylvania without giving effect to any principles of conflict of laws. By using this Site, you agree to bring any claim or suit in, and submit to the exclusive jurisdiction of the Court of Common Pleas of Delaware County, Pennsylvania or the United States District Court for the Eastern District of Pennsylvania. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.
13. General. In the event that these Terms conflict with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms will remain valid and intact. The failure of either party to assert any right under these Terms shall not be considered a waiver of any that party's right and that right will remain in full force and effect. We may assign our rights and obligations under these Terms and we shall be relieved of any further obligation if we take such action. These Terms constitute the entire agreement between Lawman’s Oil and you with respect to your use of the Site and the services provided through the Site.
14. How to Contact Us. Should you have any other questions or concerns about these Terms, please contact us at 877-692-4230.
These Terms are effective August 31, 2010.