Terms and Conditions

Website Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (the “site”). By using this site, you agree to these terms of use. The site’s owner reserves the right, at any time, to modify or update these terms and conditions, and you agree to be bound by such modifications or updates.

Eligibility

By using the site, you represent and warrant that (a) all registration and other information you submit, if any, is truthful and accurate; (b) you will maintain the accuracy of any information you provide; (c) you will not submit any personal information if you are under 13 years of age; and (d) your use of the site does not violate any applicable law or regulation.

Prohibited Uses

You may use the site only for lawful purposes and in accordance with these terms of use. You agree not to use the site:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries). 
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
• To impersonate or attempt to impersonate the site’s owner, its employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the site, or which, as determined by us, may harm the site’s owner or users of the site or expose them to liability.

Additionally, you agree not to:

• Use the site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the site, including their ability to engage in real time activities through the site.
• Use any robot, spider or other automatic device, process or means to access the site for any purpose, including monitoring or copying any of the material on the site.
• Use any manual process to monitor or copy any of the material on the site or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the site.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the site, the server on which the site is stored, or any server, computer or database connected to the site. 
• Attack the site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the site.

Copyright

You acknowledge that the content included on this site, including but not limited to text, graphics, logos, button icons, images, audio clips, software, and the selection and arrangements thereof, is and shall remain the sole and exclusive property of the site’s owner or its content suppliers and protected by U.S. and international copyright laws. Absent the consent of the site’s owner, the content on this site may be used for personal, non-commercial use only. Any other use, including the reproduction, modification, distribution, republication or display of the content on this site is strictly prohibited and an infringement of copyright or proprietary rights in the information.

Trademarks

The trademarks and logos displayed via the site, and all related product and service names, design marks and slogans are the trademarks, service marks or registered trademarks of the site’s owner and may not be used in any commercial manner without the prior written consent of the site’s owner. All other products and service marks contained on the site are the trademarks of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, or otherwise does not necessarily constitute or imply the endorsement, sponsorship or recommendation by the site’s owner.

Privacy

The site’s owner respects the privacy of your personal information, please read our Privacy Policy.

e-Commerce and Sales Terms and Conditions

Unless otherwise specified on an invoice, in the product listing, or in a signed writing between you and the site’s owner, the following terms will govern purchases made through the site. The site owner’s acceptance of any order is conditioned on your acceptance, in entirety without addition, modification or exception, of these terms and conditions. Any modification or proposal you submit, written or otherwise, which is inconsistent with or in addition to these terms and conditions is objected to and is hereby rejected. The site owner’s failure to respond to any communication or proposal shall not be deemed acceptance or approval of any term or condition contained in that communication or proposal.

Prices, specifications, product descriptions and offer terms are subject to change without notice. The site’s owner is not responsible for errors, typographical or otherwise, in descriptions, pictures or specifications. The site’s owner does not offer sales advice or technical support. 

NEITHER THE SITE’S OWNER NOR ITS AFFILIATES MAKES ANY REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO ANY PRODUCT SHOWN ON THE SITE EXCEPT THOSE STATED IN THIS DOCUMENT. THE SITE’S OWNER DISCLAIMS, ON BEHALF OF ITSELF AND ITS AFFILIATES, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY PRODUCT SHOWN ON THE SITE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. 

EXCEPT TO THE EXTENT AN EXPRESS WARRANTY IS INCLUDED ON THE LABEL OR PACKAGING OF THE GOODS, ALL ITEMS SOLD THROUGH THIS SITE ARE SOLD "AS-IS." THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS IS YOURS. SHOULD ANY OF THESE ITEMS PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. 

IN ALL CIRCUMSTANCES THE SITE OWNER'S MAXIMUM LIABILITY, AND THAT OF ITS AFFILIATES, IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. NEITHER THE SITE’S OWNER NOR ITS AFFILIATES SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR VIA OTHER CLAIMS RELATING TO THE PRODUCTS SOLD THROUGH THE SITE, WHICH EXCEEDS THIS LIABILITY LIMIT. NEITHER THE SITE’S OWNER NOR ITS AFFILIATES SHALL BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST YOU, OR FOR DEFECTS, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, OR EXEMPLARY DAMAGES, WHETHER OR NOT THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES. 

No order is binding on the site’s owner unless and until the site’s owner explicitly accepts that order. Unless otherwise specified in a signed agreement between you and the site’s owner, you agree that all payments shall be made in full prior to shipment. You are responsible for all shipping costs, including any return shipping. 

Unless otherwise specified in the product description or in a writing signed by the site’s owner, merchandise may be returned within 30 days from the original invoice date if it does not conform to the product description. A restocking fee, not to exceed 10% of the purchase price may be charged in the event of any return. In the event a product is returned, the site’s owner may issue you a site credit for the purchase price (but not the shipping cost) or may, in its discretion, provide a reasonably comparable replacement (provided you agree to pay the shipping cost for the replacement). Otherwise, the site’s owner shall have no liability whatsoever to you. You are responsible for insuring all return shipments and accept the entire risk of any damage or loss that occurs during return shipping.

All products purchased through this site are sold Free on Board (“F.O.B.”) seller’s shipping point. All risk of loss passes to you upon the site’s owner or its affiliate delivering the products to the carrier. In no event will the site’s owner or its affiliates be responsible for delays or damage due to events beyond their control such as acts of God, acts of terrorism, acts of government, fire, flood, civil disobedience, strike, lockout or embargo.

To make purchases on the site, you may be asked to provide certain registration details or other information. It is a condition of your use of the site that all the information you provide on the site is correct, current and complete. You agree that all information you provide to register with this site or otherwise, including but not limited to through the use of any interactive features on the site, is governed by the above referenced Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information 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 site 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.

You acknowledge and agree that, as you are responsible and liable for your user name, password or other identifier, you are also responsible for all uses of them and your account, even if those uses are made by other persons and without your consent.

Disclaimer

THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS CONTAINED IN OR PROVIDED OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE’S OWNER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, CONTENT, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM ERROR, INTERRUPTION, COMPUTER VIRUS, OR OTHER HARMFUL COMPONENTS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, THE SITE’S OWNER DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT, INCLUDING BUT NOT LIMITED TO THE INFORMATION ACCESSIBLE VIA THE DATABASES OF Motor Information Systems, Hearst Business Publishing, Inc. THE SITE’S OWNER HAS THE RIGHT TO MAKE CHANGES AND UPDATES TO ANY INFORMATION AVAILABLE THROUGH THE SITE WITHOUT PRIOR NOTICE.

This site may provide links or references to other websites or databases. However, the site’s owner has no control over or responsibility for content in third party databases or on third party sites or for any transactions that occur therein. If provided, the site’s owner has provided links to other sites merely as a convenience to users, and shall not be liable for any damages or injury arising from content on such third party websites, databases or transactions occurring therein. The terms and conditions and privacy policies governing this site may differ significantly from the policies of third party websites. There are risks in using any information, software, or products found on the Internet or in otherwise entering transactions through the Internet. Accordingly, the site’s owner cautions you to make certain you understand these risks and any applicable policies of third party websites before retrieving, using, relying upon, or purchasing anything, or before otherwise transacting, via the Internet. You agree that you shall rely upon any information accessed via Motor Information Systems, Hearst Business Publishing, Inc.’s databases only at YOUR OWN RISK and that you shall NOT hold the site’s owner responsible for any such information.

Limitation of Liability

IN NO EVENT SHALL THE SITE’S OWNER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES TO YOUR VEHICLE OR PHYSICAL BODY, EVEN IF THE SITE’S OWNER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, CONTENT, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE OR THE INTERNET GENERALLY.

Because some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, some of the above limitations may not apply to you. In such jurisdictions, the site owner's liability is limited to the greatest extent permitted by law.

Indemnification

You agree to indemnify and hold the site’s owner and its officers and employees, harmless from each claim or demand, including reasonable attorneys' fees, due to or arising out of your use of the site, your violation of these terms and conditions or your infringement of any intellectual property or other right of any person or entity.

User Content

By posting or providing any content on or through the site, you hereby grant to the site’s owner a worldwide, irrevocable, royalty-free, nonexclusive, limited license to reproduce, use, adapt, modify, publish, translate, publicly perform, publicly display, distribute and create derivative works from such content in any form, and the site’s owner may sublicense all or part of its rights under this license or assign them to third parties. You represent and warrant that: (i) you own the content posted by you on or through the site or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your content on or through the site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. The site’s owner may delete any content for any reason, including content that, in the site owner's sole judgment, is offensive, illegal or violate the rights, harm, or threaten the safety of any person. The site’s owner has the right, but does not assume the responsibility, for monitoring the site for inappropriate content. You are solely responsible for the content that you post on or through the site.

Notice for Claims of Copyright Infringement

If you are a copyright owner or agent thereof and believe that content posted on the site by a user infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to the site’s owner with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) the URL of the location on our website containing the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. The site’s owner can be reached by mail at: Amalie Oil Company, 1601 McClosky Blvd., Tampa, FL 33605, USA, or by email at webmaster@mudrepublic.com 

Governing Law; Arbitration

You agree that this agreement and your use of this site are governed by the laws of the State of Florida, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Tampa, Florida, USA in all disputes (a) arising out of, relating to, or concerning this site and/or this agreement, (b) in which this site and/or this agreement is an issue or a material fact, or (c) in which this site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. The site’s owner has endeavored to comply with all legal requirements known to it in creating and maintaining this site, but makes no representation that materials on this site are appropriate or available for use in any particular jurisdiction. Use of this site is unauthorized in any jurisdiction where all or any portion of this site may violate any legal requirements and you agree not to access this site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use. 

With the prior agreement of the site’s owner, any claim, dispute or controversy arising out of, relating to or concerning this site and/or this agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in, Tampa, Florida, USA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction. 

Changes to the Terms of Use

You agree that the site’s owner may at any time and without notice change the terms, conditions and notices under which this site is offered.

General

You agree that neither this agreement, nor your use of this site, creates any joint venture, partnership, employment or agency relationship between you and the site’s owner. The site owner’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of the site owner's right to comply with law enforcement requests or requirements relating to your use of this site or information provided to or gathered by the site’s owner with respect to such use.

Unless otherwise specified in signed written agreement between you and the site’s owner, this agreement and the privacy statement constitute the entire agreement between you and the site’s owner with respect to this site. With the exception of any business partners expressly recognized by the site’s owner, this agreement supersedes all prior or contemporaneous provisions, communications and proposals, whether electronic, oral or written, between you and the site’s owner with respect to this site.  With regard to business partners expressly recognized by the site’s owner, this agreement supersedes all conflicting provisions, communications and proposals, whether electronic, oral or written, between you and the site’s owner with respect to this site. No modification of this agreement shall be effective unless it is authored by the site’s owner. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by the site’s owner in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by the site’s owner in printed form.