TERMS AND CONDITIONS
Last Updated 01 January 2021
1. Agreement
to Terms
1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and Michigan Oil Distributors LLC, located at 15848 Glendale St Detroit, MI 48227 United States (we, us), concerning your access to and use of the Michigan Oil Distributors Mobile App (https://www.michiganoildist.com/) website as well as any related applications (the Site).
The Site provides the
following services: It is an online application that presents financial
services related to money sharing, crowd funding and fundraising in US. (Services).
You agree that by accessing the Site and/or Services, you have read,
understood, and agree to be bound by all these Terms and Conditions.
If you do not agree
with all of these Terms and Conditions, then you are prohibited from using the
Site and Services and you must discontinue use immediately. We recommend that you print a copy of these
Terms and Conditions for future reference.
1.2
The supplemental
policies set out in Section 1.7 below, as well as any supplemental terms and
condition or documents that may be posted on the Site from time to time, are
expressly incorporated by reference.
1.3
We may make changes to
these Terms and Conditions at any time. The updated version of these Terms and
Conditions will be indicated by an updated “Revised” date and the updated
version will be effective as soon as it is accessible. You are responsible for
reviewing these Terms and Conditions to stay informed of updates. Your
continued use of the Site represents that you have accepted such changes.
1.4
We may update or
change the Site from time to time to reflect changes to our products, our
users' needs and/or our business priorities.
1.5
Our site is directed
to people residing in England. The information provided on the Site is not
intended for distribution to or use by any person or entity in any jurisdiction
or country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement within
such jurisdiction or country.
1.6
The Site is intended
for users who are at least 18 years old. If you are under the age of 18,
you are not permitted to register for the Site or use the Services without
parental permission.
1.7
Additional policies
which also apply to your use of the Site include:
● Our Privacy Notice https://Michigan Oil Distributors.com/PrivacyPolicy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
2. Acceptable Use
2.1
You may not access or
use the Site for any purpose other than that for which we make the site and our
services available. The Site may not be used in connection with any commercial
endeavors except those that are specifically endorsed or approved by us.
2.2
As a user of this
Site, you agree not to:
● Systematically retrieve data or other content from the Site to a compile database or directory without written permission from us
● Make any unauthorized use of the Site,
including collecting usernames and/or email addresses of users to send
unsolicited email or creating user accounts under false pretenses
● Use a buying agent or purchasing agent to make
purchases on the Site
● Use the Site to advertise or sell goods and
services
● Circumvent, disable, or otherwise interfere
with security-related features of the Site, including features that prevent or
restrict the use or copying of any content or enforce limitations on the
use
● Engage in unauthorized framing of or linking
to the Site
● Trick, defraud, or mislead us and other users,
especially in any attempt to learn sensitive account information such as user
passwords
● Make improper use of our support services, or
submit false reports of abuse or misconduct
● Engage in any automated use of the system,
such as using scripts to send comments or messages, or using any data mining,
robots, or similar data gathering and extraction tools
● Interfere with, disrupt, or create an undue
burden on the Site or the networks and services connected to the Site
● Attempt to impersonate another user or person,
or use the username of another user
● Sell or otherwise transfer your profile
● Use any information obtained from the Site in
order to harass, abuse, or harm another person
● Use the Site or our content as part of any
effort to compete with us or to create a revenue-generating endeavor or
commercial enterprise
● Decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in any way making up a part of the
Site
● Attempt to access any portions of the Site
that you are restricted from accessing
● Harass, annoy, intimidate, or threaten any of
our employees, agents, or other users
● Delete the copyright or other proprietary
rights notice from any of the content
● Copy or adapt the Site’s software, including
but not limited to Flash, PHP, HTML, JavaScript, or other code
● Upload or transmit (or attempt to upload or to
transmit) viruses, Trojan horses, or other material that interferes with any
party’s uninterrupted use and enjoyment of the Site, or any material that acts
as a passive or active information collection or transmission mechanism
● Use, launch, or engage in any automated use of
the system, such as using scripts to send comments or messages, robots,
scrapers, offline readers, or similar data gathering and extraction tools
● Disparage, tarnish, or otherwise harm, in our opinion,
us and/or the Site
● Use the Site in a manner inconsistent with any
applicable laws or regulations
● Threaten users with negative feedback or
offering services solely to give positive feedback to users
● Misrepresent experience, skills, or information
about a User
● Advertise products or services not intended by
us
● Falsely imply a relationship with us or
another company with whom you do not have a relationship
3. Content you provide to us
3.1 There may be opportunities for you to post content to the Site or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Site, and that they may be able to see who has posted that User Content.
3.2
In posting User Content,
including reviews or making contact with other users of the Site you shall
comply with our Acceptable Use Policy __________.
3.3 You warrant that any User Content does comply
with our Acceptable Use Policy, and you will be liable to us and indemnify us
for any breach of that warranty. This means you will be responsible for any
loss or damage we suffer as a result of your breach of this warranty.
3.4
We have the right to
remove any User Content you put on the Site if, in our opinion, such User
Content does not comply with the Acceptable Use Policy.
3.5
We are not responsible
and accept no liability for any User Content including any such content that
contains incorrect information or is defamatory or loss of User Content. We
accept no obligation to screen, edit or monitor any User Content but we reserve
the right to remove, screen and/or edit any User Content without notice and at
any time. User Content has not been verified or approved by us and the views
expressed by other users on the Site do not represent our views or values
3.6
If you wish to
complain about User Content uploaded by other users please contact us at info@MichiganOilDist.com.
4. Our content
4.1 Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws.
4.2
Except as expressly
provided in these Terms and Conditions, no part of the Site, Services or Our
Content may be copied, reproduced, aggregated, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose whatsoever, without
our express prior written permission.
4.3
Provided that you are
eligible to use the Site, you are granted a limited licence to access and use
the Site and Our Content and to download or print a copy of any portion of the
Content to which you have properly gained access solely for your personal,
non-commercial use.
4.4
You shall not (a) try
to gain unauthorised access to the Site or any networks, servers or computer
systems connected to the Site; and/or (b) make for any purpose including error
correction, any modifications, adaptions, additions or enhancements to the Site
or Our Content, including the modification of the paper or digital copies you
may have downloaded.
4.5
We shall (a) prepare
the Site and Our Content with reasonable skill and care; and (b) use industry
standard virus detection software to try to block the uploading of content to
the Site that contains viruses.
4.6
The content on the
Site is provided for general information only. It is not intended to amount to
advice on which you should rely. You must obtain professional or specialist
advice before taking, or refraining from taking, any action on the basis of the
content on the Site.
4.7
Although we make
reasonable efforts to update the information on our site, we make no
representations, warranties or guarantees, whether express or implied, that Our
Content on the Site is accurate, complete or up to date.
5.
Link to third party content
5.1 The Site may contain links to websites or
applications operated by third parties.We do not have any influence or control
over any such third party websites or applications or the third party operator.
We are not responsible for and do not endorse any third party websites or
applications or their availability or content.
5.2
We accept no
responsibility for adverts contained within the Site. If you agree to purchase
goods and/or services from any third party who advertises in the Site, you do
so at your own risk. The advertiser, and not us, is responsible for such goods
and/or services and if you have any questions or complaints in relation to
them, you should contact the advertiser.
6. Site Management
6.1 We reserve the right at our sole discretion,
to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone
in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access
to or availability of, or disable (to the extent technologically feasible) any
of your Contributions; (4) remove from the Site or otherwise disable
all files and content that are excessive in size or are in any way a burden to
our systems; and (5) otherwise manage the Site in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Site and Services.
6.2
We do not guarantee
that the Site will be secure or free from bugs or viruses.
6.3
You are responsible
for configuring your information technology, computer programs and platform to
access the Site and you should use your own virus protection software.
7. Modifications to and availability of the Site
7.1
We reserve the right
to change, modify, or remove the contents of the Site at any time or for any
reason at our sole discretion without notice. We also reserve the right to
modify or discontinue all or part of the Services without notice at any time.
7.2
We cannot guarantee
the Site and Services will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to
the Site, resulting in interruptions, delays, or errors. You agree that we have
no liability whatsoever for any loss, damage, or inconvenience caused by your
inability to access or use the Site or Services during any downtime or
discontinuance of the Site or Services.We are not obliged to maintain and
support the Site or Services or to supply any corrections, updates, or
releases.
7.3
There may be
information on the Site that contains typographical errors, inaccuracies, or
omissions that may relate to the Services, including descriptions, pricing,
availability, and various other information. We reserve the right to correct
any errors, inaccuracies, or omissions and to change or update the information
at any time, without prior notice.
8. Disclaimer/Limitation of Liability
8.1 The Site and Services are provided on an as-is
and as-available basis. You agree that your use of the Site and/or Services
will be at your sole risk except as expressly set out in these Terms and
Conditions. All warranties, terms, conditions and undertakings, express or
implied (including by statute, custom or usage, a course of dealing, or common
law) in connection with the Site and Services and your use thereof including,
without limitation, the implied warranties of satisfactory quality, fitness for
a particular purpose and non-infringement are excluded to the fullest extent
permitted by applicable law.
We make no warranties
or representations about the accuracy or completeness of the Site’s content and
are not liable for any (1) errors or omissions in content: (2) any unauthorized
access to or use of our servers and/or any and all personal information and/or
financial information stored on our server; (3) any interruption or cessation
of transmission to or from the site or services; and/or (4) any bugs, viruses,
trojan horses, or the like which may be transmitted to or through the site by any
third party. We will not be responsible for any delay or failure to comply with
our obligations under these Terms and Conditions if such delay or failure is
caused by an event beyond our reasonable control.
8.2 Our responsibility for loss or damage suffered
by you:
Whether you are a
consumer or a business user:
● We do not exclude or limit in any way our
liability to you where it would be unlawful to do so. This includes liability
for death or personal injury caused by our negligence or the negligence of our
employees, agents or subcontractors and for fraud or fraudulent
misrepresentation.
● If we fail to comply with these Terms and
Conditions, we will be responsible for loss or damage you suffer that is a
foreseeable result of our breach of these Terms and Conditions, but we would
not be responsible for any loss or damage that were not foreseeable at the time
you started using the Site/Services.
Notwithstanding
anything to the contrary contained in the Disclaimer/Limitation of Liability section,
our liability to you for any cause whatsoever and regardless of the form of the
action, will at all times be limited to a total aggregate amount equal to the
greater of (a) the sum of £5000 or (b) the amount paid, if any, by you to us
for the Services/Site during the six (6) month period prior to any cause of
action arising.
If you are a business
user:
We will not be liable
to you for any loss or damage, whether in contract, tort (including
negligence), breach of statutory duty, or otherwise, even if foreseeable,
arising under or in connection with:
● use of, or inability to use, our
Site/Services; or
● use of or reliance on any content displayed on
our Site.
In particular, we will
not be liable for:
● loss of profits, sales, business, or revenue;
● business interruption;
● loss of anticipated savings;
● loss of business opportunity, goodwill or
reputation; or
● any indirect or consequential loss or
damage.
If you are a consumer
user:
● Please note that we only provide our Site for
domestic and private use. You agree not to use our Site for any commercial or
business purposes, and we have no liability to you for any loss of profit, loss
of business, business interruption, or loss of business opportunity.
● If defective digital content that we have
supplied, damages a device or digital content belonging to you and this is
caused by our failure to use reasonable care and skill, we will either repair
the damage or pay you compensation.
● You have legal rights in relation to goods
that are faulty or not as described. Advice about your legal rights is
available from your local Citizens' Advice Bureau or Trading Standards office.
Nothing in these Terms and Conditions will affect these legal
rights.
9. Term and Termination
9.1
These Terms and
Conditions shall remain in full force and effect while you use the Site or
Services or are otherwise a user of the Site, as applicable. You may terminate
your use or participation at any time, for any reason, by following the
instructions for terminating user accounts in your account settings, if
available, or by contacting us at info@MichiganOilDist.com.
9.2
Without limiting any
other provision of these Terms and Conditions, we reserve the right to, in our
sole discretion and without notice or liability, deny access to and use of the
Site and the Services (including blocking certain IP addresses), to any person
for any reason including without limitation for breach of any representation,
warranty or covenant contained in these Terms and Conditions or of any
applicable law or regulation.
If we determine, in
our sole discretion, that your use of the Site/Services is in breach of these
Terms and Conditions or of any applicable law or regulation, we may terminate
your use or participation in the Site and the Services or delete any content or
information that you posted at any time, without warning, in our sole
discretion.
9.3
If we terminate or
suspend your account for any reason set out in this Section 9, you are
prohibited from registering and creating a new account under your name, a fake
or borrowed name, or the name of any third party, even if you may be acting on
behalf of the third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.
10. Mobile Application
10.1 If you
access the Services via a mobile application, then we grant you a revocable,
non-exclusive, non-transferable, limited right to install and use the mobile
application on wireless electronic devices owned or controlled by you, and to
access and use the mobile application on such devices strictly in accordance
with the terms and conditions of this license.
10.2
For business users
only - You will not:
(a) reverse engineer,
decompile or otherwise try to discover the source code of the
software/application unless you have first written to us requesting interoperability
information and we have failed to provide you with that information or if we
have failed to offer to provide you with interoperability information on
reasonable conditions";
(b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application;
(c) breach any
applicable laws, rules or regulations in connection with your access or use of
the application;
(d) remove, alter or
obscure any proprietary notice (including any notice of copyright or trade
mark) posted by us or the licensors of the application;
(e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
(f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
(g) use the
application for creating a product, service or software that is, directly or
indirectly, competitive with or in any way a substitute for the
application;
(h) use the
application to send automated queries to any website or to send any unsolicited
commercial e-mail; or
(i) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.
10.3 The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an App Distributor) to access the Services:
(a) The licence granted to you for our mobile application is limited to a non-transferable licence to use the application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service;
(b) We are responsible
for providing any maintenance and support services with respect to the mobile
application as specified in these Terms and Conditions or as otherwise required
under applicable law. You acknowledge that each App Distributor has no
obligation whatsoever to furnish any maintenance and support services with
respect to the mobile application;
(c) In the event of
any failure of the mobile application to conform to any applicable warranty,
you may notify an App Distributor, and the App Distributor, in accordance with
its terms and policies, may refund the purchase price, if any, paid for the mobile
application, and to the maximum extent permitted by applicable law, an App
Distributor will have no other warranty obligation whatsoever with respect to
the mobile application;
(d) You represent and
warrant that (i) you are not located in a country that is subject to a U.S.
government embargo, or that has been designated by the U.S. government as a
“terrorist supporting” country; and (ii) you are not listed on any U.S.
government list of prohibited or restricted parties;
(e) You must comply with applicable third party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in breach of their wireless data service agreement when using the mobile application; and
(f) You acknowledge and agree that the App Distributors are third party beneficiaries of these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.
11. General
11.1 Visiting the Site, sending us emails, and
completing online forms constitute electronic communications. You consent to
receive electronic communications and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via
email and on the Site, satisfy any legal requirement that such communication be
in writing.
You hereby agree to
the use of electronic signatures, contracts, orders and other records and to
electronic delivery of notices, policies and records of transactions initiated
or completed by us or via the Site. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances or other laws in any jurisdiction which require
an original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by other than electronic means.
11.2
These Terms and
Conditions and any policies or operating rules posted by us on the Site or in
respect to the Services constitute the entire agreement and understanding
between you and us.
11.3
Our failure to
exercise or enforce any right or provision of these Terms and Conditions shall
not operate as a waiver of such right or provision.
11.4
We may assign any or
all of our rights and obligations to others at any time.
11.5
We shall not be responsible
or liable for any loss, damage, delay or failure to act caused by any cause
beyond our reasonable control.
11.6
If any provision or
part of a provision of these Terms and Conditions is unlawful, void or
unenforceable, that provision or part of the provision is deemed severable from
these Terms and Conditions and does not affect the validity and enforceability
of any remaining provisions.
11.7
There is no joint
venture, partnership, employment or agency relationship created between you and
us as a result of these Terms and Conditions or use of the Site or Services.
11.8 For
consumers only - Please note that these Terms and
Conditions, their subject matter and their formation, are governed by English
law. You and we both agree that the courts of England and Wales will have
exclusive jurisdiction expect that if you are a resident of Northern Ireland
you may also bring proceedings in Northern Ireland, and if you are resident of
Scotland, you may also bring proceedings in Scotland. If you have any complaint
or wish to raise a dispute under these Terms and Conditions or otherwise in
relation to the Site please follow this link
http://ec.europa.eu/odr
11.9 For
business users only - If you are a business user, these Terms and
Conditions, their subject matter and their formation (and any non-contractual
disputes or claims) are governed by English Law. We both agree to the exclusive
jurisdiction of the courts of England and Wales.
11.10
Except as stated under the Mobile Application section, a person who is not a party to these Terms and
Conditions shall have no right under the Contracts (Rights of Third Parties)
Act 1999 to enforce any term of these Terms and Conditions.
11.11
In order to resolve a
complaint regarding the Services or to receive further information regarding
use of the Services, please contact us by email at info@MichiganOilDist.com or
by post to:
Michigan Oil
Distributors LLC
15848 Glendale Street
Dearborn, MI 48227
United States