Welcome to https://lubricantsbase.com, a copyrighted work owned by lubricantsbase. Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the Website in connection with such features.
All such additional terms, guidelines, and rules are incorporated by reference into these Terms of Use (“Terms”). These Terms describe the legally binding terms and conditions that govern your use of the Website.
1. Access to the Site
Subject to these Terms, the Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, noncommercial use.
2. Certain Restrictions
The rights granted to you in these Terms are subject to the following restrictions: (a) You shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site. (b) You shall not change, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site. (c) You shall not access the Site to build a similar or competitive website. (d) Except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means unless otherwise indicated. Any future release, update, or other addition to the functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.
3. Company’s Rights
The Company reserves the right to change, suspend, or cease the Site with or without notice to you. You acknowledge that the Company will not be held liable to you or any third party for any change, interruption, or termination of the Site or any part thereof.
4. No Support or Maintenance
You agree that the Company will have no obligation to provide you with any support in connection with the Site.
5. User Content
(a) User Content: “User Content” means any and all information and content that a user submits to the Site. You are exclusively responsible for your User Content. You bear all risks associated with the use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is provided, sponsored, or endorsed by the Company. Because you alone are responsible for your User Content, you may expose yourself to liability. The Company is not obliged to back up any User Content that you post, and your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.
(b) License: You hereby grant to the Company an irreversible, non-exclusive, royalty-free, and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content on the Site. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.
(c) Acceptable Use Policy: You agree to abide by our Acceptable Use Policy, which includes refraining from using the Site to:
- Collect, upload, transmit, display, or distribute any User Content that violates any third-party right or any intellectual property or proprietary right.
- Transmit any unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, or otherwise objectionable content.
- Harm minors in any way.
- Violate any law, regulation, obligations, or restrictions imposed by any third party.
(d) Enforcement: The Company reserves the right to review any User Content and to investigate and/or take appropriate action against you if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for the Company or any other person.
6. Third-Party Links & Ads; Other Users
(a) Third-Party Links & Ads: The Site may contain links to third-party websites and services, and/or display advertisements for third parties. Such Third-Party Links and Ads are not under the control of the Company, and the Company is not responsible for any Third-Party Links and Ads. The Company provides access to these Third-Party Links & Ads only as a convenience to you and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links and Ads at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links and Ads, the applicable third party’s terms and policies apply, including their privacy and data-gathering practices.
(b) Other Users: Each Site user is solely responsible for their own User Content. The Company does not control User Content, and you acknowledge and agree that the Company is not responsible for any User Content, whether provided by you or by others. The Company will not be responsible for any loss or damage incurred as a result of any interactions with other Site users. In the event of a dispute between you and any Site user, the Company is under no obligation to become involved.
7. Cookies and Web Beacons
Like many other websites, https://lubricantsbase.com uses ‘cookies’ to store information, including visitors’ preferences, and the pages on the website that visitors accessed or visited. This information is used to optimize users’ experiences by customizing web page content based on visitors’ browser type and other information.
8. Disclaimers
The Site is provided on an “as-is” and “as available” basis, and the Company and its suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. The Company and its suppliers make no guarantee that the Site will meet your requirements, be available on an uninterrupted, timely, secure, or error-free basis, or be accurate, reliable, free of viruses, or complete, legal, or safe. Any applicable law requiring warranties is limited in duration to ninety (90) days from the date of first use.
9. Limitation on Liability
To the maximum extent permitted by law, in no event shall the Company or its suppliers be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to these Terms or your use of, or inability to use, the Site, even if the Company has been advised of the possibility of such damages. Access to and use of the Site are at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this Agreement will at all times be limited to a maximum of fifty U.S. dollars (U.S. $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this Agreement.
10. Term and Termination
Subject to this Section, these Terms will remain in full force and effect while you use the Site. The Company may suspend or terminate your rights to use the Site at any time for any reason at its sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and the right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve the deletion of the User Content associated with your Account from our live databases. The Company will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, certain provisions of these Terms will remain in effect: Sections 2, Section 3, and Sections 4 through 10.
11. Copyright Policy
The Company respects the intellectual property of others and asks that users of the Site do the same. In connection with the Site, the Company has adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, please provide our designated Copyright Agent with the following information:
- Your physical or electronic signature.
- Identification of the copyrighted work(s) that you claim to have been infringed.
- Identification of the material on our services that you claim is infringing and that you request us to remove.
- Sufficient information to permit us to locate such material.
- Your address, telephone number, and e-mail address.
- A statement that you have a good faith belief that the use of the objectionable material is not authorized by the copyright owner, its agent, or under the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
12. General
(a) Changes: These Terms are subject to occasional revision, and if the Company makes any substantial changes, it may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on the Site. You are responsible for providing us with your most current e-mail address. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
(b) Dispute Resolution: Please read the following Arbitration Agreement carefully, as it is part of your contract with the Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- Applicability of Arbitration Agreement: All claims and disputes in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
- Notice Requirement and Informal Dispute Resolution: Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute and the requested relief. A Notice to the Company should be sent to [Company Address]. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.
- Arbitration Rules: Arbitration shall be initiated through the American Arbitration Association (AAA), an established alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at [AAA website] or by calling the AAA at [AAA phone number]. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time, and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
- Additional Rules for Non-Appearance-Based Arbitration: If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
- Time Limits: If you or the Company pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.
- Authority of Arbitrator: If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
- Waiver of Jury Trial: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less expensive than rules applicable in a court and are subject to very limited review by a court. In the event, that any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions: All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
- Confidentiality: All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
- Severability: If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Agreement shall continue in full force and effect.
- Right to Waive: Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
- Survival of Agreement: This Arbitration Agreement will survive the termination of your relationship with the Company.
- Small Claims Court: Nonetheless the foregoing, either you or the Company may bring an individual action in small claims court.
- Emergency Equitable Relief: In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Netherlands County, California, for such purposes.
13. Export Control
The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from the Company or any products utilizing such data, in violation of the United States export laws or regulations.
14. Contact Information
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
15. Electronic Communications
The communications between you and the Company use electronic means, whether you use the Site or send us emails or whether the Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from the Company in an electronic form and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal obligation that such communications would satisfy if they were in a hard copy writing.
16. Entire Terms
These Terms constitute the entire agreement between you and the Company regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will remain in full force and effect. Your relationship with the Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
17. Your Privacy
Please read our Privacy Policy at https://lubricantsbase.com/privacy-policy/.
18. Copyright/Trademark Information
Copyright © 2023. All rights reserved. All trademarks, logos, and service marks displayed on the Site are the property of the Company or other third parties. You are not permitted to use these Marks without the prior written consent of the Company or the consent of such third party that may own the Marks.