Terms of Service
PetroNerds, LLC (“PetroNerds”) owns and operates this website. The terms and conditions set forth herein govern your relationship with PetroNerds and your use of the website located at www.petronerds.com (“Website”).
Your access to and your use of this Website, and the purchase and sale of the products and services that are available through this Website, (collectively, the “Services”) are subject to the following terms, conditions, and notices (the “Terms of Service”). By using the Services you are agreeing to each of these Terms of Service, all as may be updated by PetroNerds from time to time. You agree to check this page regularly to take notice of any changes that PetroNerds may have made to these Terms of Service.
By your use of this Website, you agree that you will not misuse this Website. You further agree that you will not: (a) commit or encourage a criminal offense; (b) transmit or distribute a virus, trojan, worm, logic bomb or any other material that is malicious, technologically harmful, in breach of an obligation of confidence or that is in any way offensive or obscene; (c) hack into any aspect of the Service or Website; (d) corrupt data; (e) cause annoyance to other users; (f) infringe upon the rights of any other person’s proprietary rights; (g) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or (h) affect or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Any breach of this provision may constitute a criminal offense and PetroNerds will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
Intellectual Property, Software, and Content
The intellectual property rights in the Website, including in all software and content (e.g., photographic images) made available to you on or through this Website, remain the property of PetroNerds or its licensors and are protected by patent, copyright, and/or trademark laws and treaties around the world. All such rights are reserved by PetroNerds and its licensors. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content, or derivatives thereof, supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise. You waive any and all claims of ownership to any such intellectual property rights and waive any claim to challenge the validity of any such intellectual property rights.
Terms of Sale
Placing an order for products or services means that you are offering to purchase that product or service on and subject to the following terms and conditions of sale.
All purchasers must be at least eighteen (18) years of age and must possess a valid or an ecommerce payment account or valid credit or debit card issued by a bank acceptable to PetroNerds,. Placement of an order indicates that you represent and warrant (1) that all of the information that you provide to PetroNerds is true and accurate; (2) that you are an authorized user of the credit or debit card used to place your order; and (3) that there are sufficient funds to cover the cost of the goods ordered.
All orders placed on this Website are subject to: (1) product or service availability; and (b) PetroNerds’ confirmation of the order quantity and price. PetroNerds retains the right to refuse any orders. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
Product shipment or service delivery may vary according to availability and is subject to any delays resulting from postal delays or force majeure for which PetroNerds will not be responsible.
(a) Our Contract
When you place an order, you will receive an acknowledgment e-mail confirming receipt of your order: this is not an acceptance of your order. No contract is formed until PetroNerds transmits an e-mail confirmation that the goods or service that you ordered have been shipped or delivered to you. Only those goods or services listed in the confirmation e-mail sent at the time of shipment or delivery will be included in the contract formed.
(b) Pricing and Availability
Errors in product or service details, descriptions, and prices may occur despite efforts to ensure accuracy. If PetroNerds discovers an error in the price of any goods or service that you have ordered, then PetroNerds will inform you regarding the error, and you will have the option of either reconfirming your order at the correct price or cancelling it. If PetroNerds is unable to contact you, then PetroNerds will treat the order as cancelled. If you cancel the order after you have already paid for the goods, then you will receive a refund.
Delivery costs are in addition to product prices.
On receipt of your order PetroNerds will seek authorization for payment from your account or card issuer. Your account or card will be debited upon receipt of that authorization, and funds received will be treated as a deposit against the value of the goods or services you have ordered for purchase.
Disclaimer of Liability
The content displayed on this Website is provided without any guarantees, conditions, or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law PetroNerds and its suppliers, content providers, and advertisers hereby expressly exclude all conditions, warranties, and other terms which might otherwise be implied by statute, common law, or the law of equity.
PetroNerds shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive, or incidental damages, or damages for loss of use, profits, data, or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance, failure, or variance of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
PetroNerds will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Indemnity; Limitation of Liability
You agree to indemnify, defend, and hold harmless PetroNerds, its shareholders, directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney fees) arising from your use of this Website or your breach of the Terms of Service.
EXCEPT AS EXPRESSLY STATED HEREIN, IN NO EVENT SHALL PETRONERDS BE LIABLE TO YOU FOR MONETARY DAMAGES IN ANY AMOUNT, WHETHER DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, SPECIAL, PUNITIVE, OR CONSEQUENTIAL (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS), WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION THAT RESULTS FROM YOUR USE OF THE WEBSITE, THE SERVICES, OF FROM THESE TERMS OF SERVICE.
Access to this Website is permitted on a temporary basis, and PetroNerds may restrict access to some or all of this Website at any time at its sole discretion. PetroNerds reserves the right in its absolute discretion to amend, remove, or vary the Services and/or any page of this Website at any time and without notice.
Choice of law; Personal Jurisdiction; Venue; Attorney Fees
These Terms of Service are governed by the laws of the state of Colorado, and for any disputes between you and PetroNerds related to or arising from your use of the Website, the Services, or these Terms of Service, you agree to be subject to personal jurisdiction in Colorado and that venue will be exclusively in courts in Denver, Colorado. In the event that an action is brought arising out of this Agreement, the prevailing party in such action will be entitled to recover its attorney fees and costs incurred in conjunction therewith.
If any provision of these Terms of Service or the application of these Terms of Service are construed or held to be void, invalid, or unenforceable by the order, decree, or judgment of a court of competent jurisdiction, then the provision so held shall be deemed amended to the least extent necessary to be valid and enforceable, and the remaining provisions of this Agreement will not be affected thereby but will remain in full force and effect.
Any term or condition of these Terms of Service may be waived by PetroNerds at any time, but no such waiver will be effective unless set forth in a written instrument waiving such term or condition and that is executed by an authorized representative of PetroNerds. No waiver of any term or condition of these Terms of Service will be deemed to be or construed as a waiver of the same or any other term or condition of these Terms of Service on any future occasion.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and PetroNerds.