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TERMS AND CONDITIONS

TERMS AND CONDITIONS

Welcome to the Southern Counties Lubricants LLC Web Store (“Site”). These Terms of Use (“Terms”) sets forth the agreement between Southern Counties Lubricants LLC, its parent, subsidiaries and other affiliated companies (collectively, “SCL” or “we”) and each user (“you” or “user”) governing the use by you of this Site. Please read these Terms carefully before using this Site. By using this Site, you agree to be bound by these Terms. If you do not agree to the terms and conditions contained herein, you may not access or otherwise use this Site.

These Terms may change from time to time. We will notify you of any material changes to these Terms by posting a notice on the homepage of the Site for a reasonable period of time after such changes are made that these Terms have been updated, and by changing the “Last Updated” date at the top of this webpage. We encourage you to check this page periodically for any changes. Your continued use of the Site following the posting of changes to these terms will mean you accept those changes.

In addition, when using particular services or features or making purchases on the Site, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into these Terms.

 

Copyright & Trademarks:

Unless otherwise noted all materials, including images, illustrations, designs, icons, photographs, sounds, video clips, written, and other materials that appear as part of this site are copyrights, trademarks, trade dress and/or other forms of intellectual property owned, controlled, and/or used under license or with other legal authority by SCL. The site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interest in and to which are owned by SCL.

Except as expressly authorized by these Terms or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the aforementioned copyright or trademark materials in any form or by any means, without the prior written authorization of SCL or the respective copyright/trademark owner. SCL authorizes you only to view, not download, these copyright and trademark materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original versions of said materials.

The material and content accessible from this Site, and any other Site owned, operated, licensed, or otherwise controlled by SCL is the proprietary information of SCL or the party that provided or licensed the content to SCL, whereby such providing party retains all rights, title and interest in the content. Accordingly, the content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of SCL, except that you may print out a copy of the content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the content. Modification or use of the content except as expressly provided in these terms and conditions of use violates SCL’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site.

 

Account Security:

You are responsible for maintaining the confidentiality of the username and password that you designate during the account registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify SCL of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. SCL will not be liable for any loss or damage arising from your failure to comply with this provision. 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. If you share your computer with others, you may wish to consider disabling your auto-sign in feature.

 

Correction of Errors and Inaccuracies:

The information on the site may contain typographical errors or inaccuracies and may not be complete or current. SCL therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time with or without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing, product availability, or otherwise.

 

Colors:

We have made efforts to display accurately the colors of products that appear on our Site. However, as the actual colors you see will depend on your monitor and/or other technological circumstance, we cannot and do not guarantee that your monitor’s display of any color will be accurate.

 

Optional Tools:

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools, “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

 

Third Party Links:

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the thirdparty’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

Manufacturer Guarantees and Recommended or Approved Uses:

The manufacturer of any given product may provide their own guarantee or warranty related to that specific product, but it is strictly limited to a manufacturer warranty. SCL does not provide any additional warranties or guarantees related to the effectiveness or use of any individual product.

Any content SCL has provided on the Site regarding any product’s capabilities, approved uses or recommended uses, is simply a reiteration of the manufacturer’s recommended and/or approved uses for the product. The manufacturer’s recommended and/or approved uses should be followed at all times, or else serious damage could occur to your vehicle or warranties could be voided. SCL shall not be liable for information relayed from a manufacturer or for any damage you cause by not following the manufacturer’s recommended and/or approved uses. If a manufacturer’s recommended or approved use is negligent or incorrect and causes damage to your vehicle, you must contact the manufacturer directly.

 

Communication Services:

The Site may contain forums, bulletin board services, chat areas, message boards, news groups, communities, calendars, and/or other message or communication facilities designed to allow you to communicate with the internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that is proper and related to the particular communication service.

Among other actions, you agree that you will not post, send, submit, publish, or transmit in connection with this Site any material that:

  • you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
  • advocates illegal activity or discusses an intent to commit an illegal act;
  • is vulgar, obscene, pornographic, or indecent;
  • does not pertain directly to this Web site;
  • threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
  • seeks to exploit or harm children by exposing them to inappropriate content;
  • harvests or otherwise collects information about others, including e-mail addresses, without their consent;
  • violates any law or may be considered to violate any law;
  • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  • falsifies or deletes any author attributions, legal or other proper notices or proprietary designations;

SCL reserves the rights to monitor use of this Site to determine compliance with the Terms, as well as the right to remove or refuse any information for any reason. SCL reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. SCL also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulations, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at its sole discretion.

 

Return Policy:

We are proud of our products and we want to make sure you are satisfied. However, a majority of our products have a strict no-refund policy. Other products, including any special-order products, may be returned, if the product is unopened, with fifteen (15) days from the date of receipt of the item. Please provide a short explanation as to why the product was returned. Once the return is received, it will be processed and a refund will be issued, less a 20% restocking fee for all returned items.

You are solely responsible for the cost of return shipping. Please use a trackable method for return shipping, and for we are not responsible for any returned items that do not make it back to our warehouse.

If you want to edit or change your order, simply email us your desired changes. However, if the order has already been processed, we will not be able to make any modifications to the order and the normal return policy applies.

 

Backorder Policy:

Any products, including specialty item backorders, that are not in stock or the stock is depleted prior to your completion of the purchase, it will be backordered. Backordered products will usually be back in stock within 7 – 10 business days. If the product will not be in stock within the backorder time period, you shall have the option to wait for the product, modify the order, or cancel the order with a full refund.

Additionally, all orders placed after 3P.M. Pacific Time on any given day shall be processed in full the following business day.

 

Accuracy of Billing and Account Information:

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

Hazardous Materials Shipping:

Certain items and materials that may be considered hazardous shall have specific and unique shipping instructions and requirements. If the product(s) you are purchasing are considered hazardous, you shall be notified of the unique shipping terms and requirements during the checkout process.

 

Product Availability:

Although availability may be indicated on our Site, we cannot guarantee product availability or immediate delivery. We reserve the right, without liability or prior notice to revise, discontinue, or cease to make available any or all products or to cancel any order.

 

Sales Tax:

Sales Tax is charged to those orders shipped within the state California. Sales Tax is (either charged per state or not outside of CA)

 

Age Restrictions:

Products are only available to customers over the age of eighteen (18). No orders will be processed for any customer under the age of eighteen (18). If you are under eighteen (18) years of age, please contact us directly for assistance.

 

Force Majeure:

In case of force majeure, we are not obliged to fulfil our obligations. In that case we may either suspend our obligations for the duration of the state of force majeure or definitely repudiate the agreement.

Events of force majeure are all circumstances external to our will and control that render the respect of our obligations completely or partly impossible. Such events include, but are not limited to, strikes, fire, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the Site, late delivery or absence of delivery by suppliers or other third parties.

 

Indemnification:

You agree to indemnify, defend and hold harmless SCL and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a thirdparty.

 

Disclaimer of Warranties; Limitation of Liability:

We do not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The Site and all products and services delivered to you through the Site are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall SCL, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any content (or product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

Arbitration:

Any controversy or claim arising out of, or relating to, this contract or the breach thereof, shall be settled by arbitration, in accordance with the laws of the State of California, then obtaining, of the American Arbitration Association, and judgment upon the award rendered may be entered in any Court having jurisdiction thereof. Any award concurred in by a majority of the arbitrators or rendered by the sole arbitrator (as the case may be) shall be binding and conclusive on the parties; and a judgment thereon may be entered in the highest court of the forum having jurisdiction thereof.

 

Severability:

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

Entire Agreement:

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

 

Governing Law and Jurisdiction:

These Terms and any separate agreements whereby we provide you services shall be governed by the laws of the State of California. Jurisdiction shall be exclusive in Orange County, California for any and all issues arising out of the Terms or any related documents or transactions.

 

Contact Information:

Southern Counties Lubricants LLC

PO Box 5765

Orange, CA 92863-5765

Info@sclubricants.com (INSERT INFO EMAIL)