TERMS & CONDITIONS

TERMS & CONDITIONS

 

 

Terms of Use

Last updated 05/01/2022

 

Use of G&M Oil Company’s website, mobile application, and loyalty services as part of mobile and software applications (collectively referred to as the “G&M Platform” or “Platform”) and the sale of products or services therein are governed by the terms and conditions set forth and referenced below (the “Agreement” or “Terms of Use”) as well as the Platform’s policies and procedures. Please read this Agreement carefully before using the G&M Platform and please follow its policies and procedures. Your use of the G&M Platform indicates your acceptance of this Agreement, its policies, and procedures.

 

If you do not agree to the terms and conditions of this Agreement, please do not use the G&M Platform. Doing so will be considered your acceptance of its terms and conditions. Further, your continued use of this Platform after the posting of changes to this Agreement (including changes to its policies and procedures) will mean you accept those changes.

 

1. General.

G&M Oil Company reserves the right to make changes to the Platform, this Agreement and the G&M Platform’s policies and procedures at any time. You hereby agree that you shall use this G&M Platform for lawful purposes only. No material shall be posted on or transmitted or caused to be transmitted or delivered which 1) violates or infringes in any way upon the intellectual or property rights of others,; 2) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable; and 3) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law.

 

Further, you agree that you shall not engage in any conduct or undertake any conduct that, in the judgment of G&M Oil Company, may restrict or inhibit any other person from using or enjoying the G&M Platform, products or services. G&M Oil Company may disclose user information when G&M Oil Company believes in good faith that the law requires it. Advertising or commercial solicitation may not be posted on the G&M Platform by anyone other than G&M Oil Company.

 

*SPECIAL NOTE REGARDING USAGE BY CHILDREN AND INDIVIDUALS UNDER

THE AGE OF 18: If you are a minor, you are restricted by state, Federal or other laws from purchasing certain restricted products or services or engaging in certain conduct prohibited by minors. You hereby acknowledge and you understand and agree that you and G&M Oil Company are subject to such laws and regulations and G&M Oil Company may be required to restrict or prevent you from purchasing certain products or services from the G&M Platform or from engaging in certain conduct. Such requirements may include requesting that you verify your age by appropriate identification or that you obtain the written consent of a parent or guardian.

 

2. Restrictions and Proprietary Rights.

This G&M Platform is owned and operated by G&M Oil Company. All content included on this G&M Platform, including, but not limited to, the text, graphics, logos, icons, images and software, is the sole property of G&M Oil Company or its content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on this G&M Platform is the exclusive property of G&M Oil Company and is protected by U.S. and international copyright laws. All software used on this G&M Platform is the property of G&M Oil Company or its software suppliers and is protected by U.S. and international copyright laws. You may use the content and software on this G&M Platform only for the purpose of browsing on this G&M Platform or placing an order on this G&M Platform. Any other use including, but not limited to, the reproduction, modification, distribution, transmission, republication, display, removal or deletion of the content on this G&M Platform, in whole or in part, is strictly prohibited. All rights not expressly granted herein are reserved.

 

“Gmoc.com” is a service mark of G&M Oil Company. The use of any G&M Oil Company trademark or service mark without G&M Oil Company’s express written consent is strictly prohibited. All other trademarks or service marks are the property of their respective owners.

 

3. Disclaimers of Warranties; Limitations on Liability.

G&M Oil Company makes no warranty of any kind, express or implied, including, but not limited to, any warranties of fitness or of merchantability with respect to merchandise or products or any part thereof. G&M Oil Company shall not be liable for injury or damage to persons or property arising out of any acts performed in relation to any obligations created by this Agreement, except when such injury or damage is attributable solely to G&M Oil Company’s gross negligence or willful misconduct. G&M Oil Company shall not be liable (in contract, tort or otherwise) for special, indirect or incidental or consequential damages in connection with any obligations created by this Agreement or arising out of any acts performed in relation to such obligations. You acknowledge that such lack of liability, without limiting the generality of the foregoing, includes lack of liability for any injury or damage to persons or property or loss of actual or anticipated profits. G&M Oil Company does not authorize any representative or other person to make any covenants, representation or warranties on behalf of G&M Oil Company with respect to any merchandise or products.

 

3. A. Disclaimer; Limitation on Liability as to the G&M Platform.

G&M Oil Company uses reasonable efforts to ensure that the information and materials contained on this G&M Platform are current and accurate. G&M Oil Company makes no representations or warranties as to the accuracy, reliability or completeness of the information, text, graphics, links, prices or other items contained on the G&M Platform. G&M Oil Company expressly disclaims liability for any errors or omissions in the information and materials contained on the G&M Platform. G&M Oil Company reserves the right to make changes in the programs, policies, products and services described on this G&M Platform at any time without advance notice or consent. INFORMATION AND

 

MATERIALS ON THIS G&M PLATFORM INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT OF THIRD PARTY RIGHTS OR TITLE, OR FREEDOM FROM COMPUTER VIRUS. G&M OIL COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE G&M PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS G&M PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. G&M OIL COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF MATERIALS ON THIS G&M PLATFORM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. G&M OIL COMPANY EXPRESSLY DISCLAIMS ALL LIABILITY FOR THE USE OR INTERPRETATION BY OTHERS OF INFORMATION CONTAINED ON THIS G&M PLATFORM. A USER WHO USES, OR MAKES DECISIONS BASED ON, INFORMATION CONTAINED ON THIS G&M PLATFORM DOES SO AT THE USER’S OWN RISK. IN EXCHANGE FOR USING THIS G&M PLATFORM, YOU AGREE TO HOLD G&M OIL COMPANY HARMLESS AGAINST ANY CLAIMS FOR DAMAGES ARISING FROM ANY DECISIONS THAT YOU MAKE BASED ON SUCH INFORMATION.

 

IN NO EVENT WILL G&M OIL COMPANY BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE PROGRAM OR RELATED WEB SITES OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF G&M OIL COMPANY, OR ITS REPRESENTATIVES THEREOF ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. HYPERLINKS TO OTHER INTERNET RESOURCES ARE AT YOUR OWN RISK; THE CONTENT, ACCURACY, OPINIONS EXPRESSED, AND OTHER LINKS PROVIDED BY THESE RESOURCES ARE NOT INVESTIGATED, VERIFIED, MONITORED, OR ENDORSED BY G&M OIL COMPANY. FURTHER, IN NO EVENT WILL G&M OIL COMPANY BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH ANY PURCHASE OR THE LIKE MADE BY PARTICIPANT ON THIS G&M PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU.

 

G&M Oil Company makes every attempt for the content of its Platform to comply with accessibility guidelines. If any user finds he/she is unable to access our Platform, the company would appreciate being contacted via this website or contacting [email protected]

 

3. B. Disclaimer; Limitation on Liability as to Products Sold.

Except as expressly set forth herein or in any other written policy or procedure for the G&M Platform, G&M Oil Company makes no representations or warranties, either express or implied, of any kind with respect to the products sold on this G&M Platform. Except as expressly set forth herein or in any other written policy or procedure for this G&M Platform, G&M OIL COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS G&M PLATFORM, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NON-INFRINGEMENT. Subject to the

restrictions set forth in G&M Oil Company’s Return Policy, your sole and exclusive remedy and G&M Oil Company’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) arising from any product sold on this G&M Platform shall not exceed the amount paid by you for the product ordered.

 

4. Third Party Sites, Content, Products, and Services.

This G&M Platform may include links to or from other sites on the internet that are owned and operated by third parties. G&M Oil Company is not responsible for the content of any third party sites, or any sites linked to this G&M Platform, unless such linked site is owned or operated by G&M Oil Company. The fact that another site is linked to this G&M Platform does not imply that: (a) G&M Oil Company sponsors, licenses, endorses, is affiliated with it or that it is otherwise connected to this G&M Platform, or to the products or services described therein or its owner; or (b) G&M Oil Company has authorized the linked site to use any trademark, trade name, logo or other trademarked or copyrighted material of G&M Oil Company. Unless approved in writing in advance by G&M Oil Company, you agree not to provide or create a link to this G&M Platform, or to create any frames at any other websites pertaining to any of the content located at this G&M Platform.

 

G&M Oil Company has no responsibility for the accuracy, content, or availability of information found on sites that link to or from third parties not associated with G&M Oil Company. When browsing the internet, we encourage you to use your discretion carefully. Because some such third party sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, G&M Oil Company cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in such third party sites, and you hereby irrevocably waive any claim against G&M Oil Company with respect to such sites.

 

In addition, G&M Oil Company cannot ensure that you will be satisfied with any products or services that you purchase from a third party site that links to or from this

 

G&M Platform, since other shop channels are owned and operated by independent retailers. G&M Oil Company does not endorse any of the merchandise, nor has it confirmed the accuracy or reliability of, any of the information contained in any such third party sites. G&M Oil Company does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against G&M Oil Company with respect to such sites. You must personally investigate or inquire to the extent you believe is necessary or appropriate before proceeding with any online or offline transaction with any of such third parties.

 

5. Updates and Other Changes.

Changes to the content of this G&M Platform may be made periodically by G&M Oil Company without notice. By using this G&M Platform, you agree to be bound by any such revisions and, therefore, you are encouraged to visit this G&M Platform periodically and to review this Agreement to determine the then-current terms to which you are bound.

 

G&M Oil Company shall have the right to refuse or cancel any orders whether or not the order has been confirmed and whether or not you have already been charged for the transaction. If you have already been charged for the transaction and your order is involuntarily canceled, you will be entitled to a refund.

 

6. Orders and the Company’s Return Policy.

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. G&M Oil Company reserves the right at any time after receipt of your order to accept or decline your order, or any part thereof, for any or no reason.

 

G&M Oil Company does not offer refunds for any purchases. In the event you have taken delivery of your order and you subsequently wish to exchange the ordered product(s), you may exchange such product(s) provided that such exchange is in accordance with the G&M Platform’s Return Policy.

 

7. Governing Law and Jurisdiction.

Access to and use of this G&M Platform shall be governed by, construed and enforced in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal action or proceeding relating to your access to, or use of, this G&M Platform shall be brought only in a state or Federal court located in Orange County, California.

 

8. Waiver and Severability.

No delay or omission by G&M Oil Company to exercise any right occurring upon any action, inaction or noncompliance on your part with respect to any of the terms and conditions of this Agreement or policies of this G&M Platform shall impair any such right or power or be construed to be a waiver thereof or a waiver by G&M Oil Company of any other rights arising hereunder. If any provision of these Terms of Use is void or unenforceable in whole or in part, such provision shall be deemed to be void to the extent of such invalidity and the remainder of these Terms of Use shall remain in full force and effect.

 

G&M Oil Text Messaging Program Terms and Conditions

Last updated 05/01/2022

 G&M OIL TEXT MESSAGING PROGRAM TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY PROVIDING YOUR MOBILE PHONE NUMBER AND GIVING YOUR CONSENT, YOU AGREE TO RECEIVE MARKETING TEXT MESSAGES VIA AUTOMATED TECHNOLOGY AND TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT GIVE YOUR CONSENT TO RECEIVE MESSAGES OR FOLLOW THE INSTRUCTIONS BELOW TO STOP THE MESSAGES.

These Terms and Conditions apply to your receipt of marketing text or mobile messages via automated technology (the “Service”), including via automatic telephone dialing systems, from G&M Oil, its affiliates and agents. You may receive SMS other text or marketing messages from G&M Oil. You understand that your consent to receive messages is not a condition of purchasing any property, goods or services. By consenting to receive messages, you are confirming you are at least 13 years of age.

The Service is not targeted towards, nor intended for use by, anyone under the age of 13.

Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier’s name and the date, time and content of your messages. We may use this information to contact you and provide the services you request from us. Alerts sent via SMS may not be delivered if the mobile phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of the wireless operator may interfere with message delivery, including the customer’s equipment, terrain, proximity to buildings, foliage, and weather. Wireless operators do not guarantee message delivery and will not be held liable for delayed or undelivered messages.

For information on data collection and us, please read our full corporate <Privacy Policy>.

To stop receiving messages from G&M Oil, text “STOP” to 80209, or reply “STOP” to a text mobile message received from G&M Oil. Following any request to stop receiving messages, you will receive one final message from G&M Oil confirming that you have been inactivated from the Service. For help or more information, you may call 1-800- 403-6142, Option 1 or email [email protected] Message and data rates may apply from your mobile carrier, and by consenting to the Service you approve any such charges from your mobile carrier. G&M Oil does not charge you for the Services. Mobile carrier charges for messages may appear on your mobile phone bill or be deducted from your prepaid balance. Carriers are not liable for any delayed or undelivered messages.

Participating carriers may vary. You may not receive the Service if you use a carrier that does not participate.

Messages may be subject to certain time lags and/or delays. G&M Oil reserves the right to modify or terminate the Service, in whole or in part, at any time without notice to you. G&M Oil reserves the right to change or modify these Terms and Conditions. Any changes or modifications will be effective immediately upon posting the revisions here, and you may not receive specific notice of such changes or modifications. Your consent to the Service confirms your acceptance of any such changes or modifications; therefore, you should review these Terms and Conditions and any changes or modifications frequently to understand the terms and conditions that apply to the Service. If you do not agree to any changes or modifications to the Terms and Conditions, you must text “STOP” to 80209.

 

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