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Term Of Use
Welcome to the GasPriceWatch.com Website. GasPriceWatch.com (.we. or .us.) maintains this website as a
service to interested individuals (the .Site.). By viewing our Site and
accessing the information and products provided through the Site, you agree to
comply with and be bound by the following Terms of Use and Privacy Policy.
Please review the following carefully. If you do not agree to these terms, you
may not access or use the Site.
1.
Acceptance of Agreement. By accessing or using the Site, you
agree to comply with the terms and conditions outlined in this Terms of Use
Agreement (.Agreement.), our privacy policy included below (the .Policy.) and
all applicable laws and regulations. This Agreement and the Policy, as the
same may be amended from time-to-time, constitutes the entire and only
agreement between us and you, and supersedes all prior and contemporaneous
agreements, representations, warranties and understandings with respect to the
Site, the content, provided by or through the Site, and the subject matter of
this Agreement and the Policy. This Agreement and the Policy may be amended at
any time by us, from time to time, without specific notice to you by posting
the revised document on the Site. Any changes will go into effect on the date
posted in the notice. The new Agreement and Policy will apply to all current
and past users of our Site and will replace any prior Agreements and Policies.
2.
Copyright. The text, data, content, organization, images,
graphics, design, software (including the underlying source and object codes),
digital conversion and any other materials included in or related to the Site
are our property and are protected under applicable copyrights, trademarks and
other proprietary rights (including but not limited to intellectual property).
The collection, arrangement and assembly of all content on the Site is
copyrighted as a .collective work. under the United States Copyright Laws and
we own a copyright in the selection, coordination, arrangement and enhancement
of such content. The copying, redistribution, use or publication by you of any
such matters or any part of the Site, except as allowed by Section 3, is
strictly prohibited. You may not modify, remove, delete, add to, publish,
transmit, participate in the transfer or sale of, create derivative works from,
or in any way exploit any content. You do not acquire ownership rights to any
content, document or other materials viewed through the Site. The posting of
information or materials on the Site does not constitute a waiver of any right
in such information and materials.
3.
Limited Right to Use. You may use the content and software on
the Site as an information resource only. The viewing, printing or downloading
of any content, graphic, form or document from the Site grants you only a
limited, nonexclusive license for your sole personal use and not for
republication, distribution, assignment, sublicense, sale, preparation of derivative
works, or other use. No part of any content, form or document may be
reproduced in any form or incorporated into any information retrieval system,
electronic or mechanical, other than for your personal use (but not for resale
or redistribution). You may not modify any of the information contained on the
Site and may not remove any copyright, trademark or other proprietary notices
related to such content. The license granted under this section does not
extend to any content owned by third parties and our licensors. Any use of the
Site not described herein is strictly prohibited. Without limiting the
generality of the foregoing, you are expressly prohibited from: (i)
sublicensing or reselling any of the content, database or information included
on the Site including, but not limited to, any gasoline station information and
gasoline prices; (ii) using, or allowing third parties to use, the content,
database or information for the purpose of compiling, enhancing, verifying,
supplementing, adding to, or deleting from any compilation of information which
is included on the Site; (iii) using the information on the Site in any service
or product or for any purpose not specifically authorized under this Agreement
or the Policy or offering it through any third party; or (iv) disassembling,
decompiling, reverse engineering, modifying or otherwise altering the
information, the Site or any part thereof without our prior written consent,
which consent may be withheld in our sole discretion.
4.
Trademark Ownership. The registered and unregistered trademarks,
service marks and logos that are used and displayed on the Site (the
.Trademarks.) are owned by us, our affiliates or others. You should not
construe anything on the Site as granting expressly, by implication, estoppel
or otherwise, any license or right to use any Trademark. Without limiting the
foregoing, you may not use the Trademarks (a) to identify products or services
that are not affiliated with us; (b) in any manner likely to cause confusion;
(c) in or as part of your own trademarks; (d) in a manner that implies that we
sponsor or endorse your products or services; or (e) in any manner that
disparages or discredits us. We aggressively enforce our intellectual property
rights to the fullest extent of the law.
5.
Editing, Deleting and Modification. We reserve the right in our
sole discretion to edit or delete any documents, information or other content
appearing on the Site.
6.
Links to Other Websites. The Site contains links to other
websites. We are not responsible for the content, accuracy or opinions
expressed in such websites, and such websites are not investigated, monitored
or checked for accuracy or completeness by us. Inclusion of any linked website
to our Site does not imply approval or endorsement of the linked website by us.
If you decide to leave our Site and access these third-party Sites, YOU DO
SO AT YOUR OWN RISK.
7.
Third-Party Merchant Policies. All rules, policies (including
privacy policies) and operating procedures of Merchants will apply to you while
on such Sites. We are not responsible for information provided by you to
Merchants. We and the Merchants are independent contractors and neither party
has authority to make any representations or commitments on behalf of the
other.
8.
Indemnification. You agree to indemnify, defend and hold us and
our partners, attorneys, staff and affiliates (collectively, .Affiliated
Parties.) harmless from any liability, loss, claim and expense, including
reasonable attorney.s fees, related to your violation of this Agreement, the
Policy or your use of the Site.
9.
Disclaimer. THE INFORMATION AVAILABLE FROM OR THROUGH THE
SITE IS PROVIDED .AS-IS. AND ON AN .AS AVAILABLE. BASIS. WE MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE USE OR
OPERATION OF THE SITE, THE QUALITY OF THE PRODUCTS, OR THE CORRECTNESS,
ACCURACY OR RELIABILITY OF THE INFORMATION AVAILABLE THROUGH THE SITE. TO THE
FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED RELATED TO THE SITE AND/OR ANY PRODUCTS SOLD THROUGH THE
SITE (INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). WE ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. The negation of damages set forth above are
fundamental elements of the basis of the bargain between us and you. This Site,
the products, and the information would not be provided without such
limitations. No advice or information, whether oral or written, obtained by
you from us through the Site shall create any warranty, representation or
guarantee not expressly stated in this Agreement.
10.
Transmission of Information. You acknowledge and understand that
we cannot control the flow of information to or from the Site to other portions
of the internet. Such flow of information depends in large part on the
performance of internet services provided or controlled by third parties. At
times, actions or inactions caused by the third parties can produce situations
in which your connection to the Site (or portions thereof) or the information
contained on the Site may be impaired or disrupted. Although we will use
commercially reasonable efforts to take actions which we deem appropriate to
remedy and avoid such events, we cannot guarantee that such events will not
occur. ACCORDINGLY, WE DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR
RELATED TO SUCH EVENTS.
11.
Privacy Policy. We reserve the right, and you authorize us, to
use and assign all information regarding your use of the Site and all
information provided by you in any manner consistent with our privacy policy.
Our privacy policy, as it may change from time to time, is a part of this
Agreement.
12.
Termination. We reserve the right, in our sole discretion, to
immediately and without notice suspend or terminate your registration or
ability to access the Site or any other service provided to you by us upon any
breach by you of the Agreement or the Policy or upon your demonstration of
conduct that we determine to be inappropriate.
13.
Information. The Site contains information about us and our
mission. While this information was believed to be accurate as of the date
prepared, WE DISCLAIM ANY DUTY OR OBLIGATION TO UPDATE THIS INFORMATION.
14.
Nontransferable. Your right to use the Site is not
transferable. Any password or right given to you to obtain information or
documents or to purchase products or services is not transferable.
15.
Governing Law/Venue. The Site (excluding any linked websites) is
controlled by GasPriceWatch.com. from its offices in the State of Ohio, United
States of America. It can be accessed from all 50 states as well as from
other countries around the world. By accessing the Site, you agree that the
statutes and laws of the State of Ohio, without regard to conflicts of law
principle thereof, will apply to all matters relating to your use of the Site
including any purchases of products or services. You also agree and hereby
submit to the exclusive personal jurisdiction and venue of the federal and
state courts located in Montgomery County, Ohio, with respect to such matters.
16.
Statute of Limitations/Limitation of Actions. Any cause of
action by you with respect to the Site (and/or any information, products or
services related thereto) must be instituted within one (1) year after the
cause of action arose or be forever waived and barred. All actions shall be
subject to the limitations set forth in this Terms of Use Agreement.
17.
Waiver. Our failure to enforce any provision of this Agreement
shall not be deemed a waiver of such provision nor of the right to enforce such
provision.
18.
Miscellaneous. The language in this Agreement shall be
interpreted as to its fair meaning and not strictly for or against either
party. Should any part of this Agreement be held invalid or unenforceable, that
portion shall be construed consistent with the applicable law and the remaining
portions shall remain in full force and effect.
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