Terms

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.

BY ACCESSING THE WORLD OIL CORP. WEBSITE AT http://www.worldoilcorp.com/, INCLUDING PAGES WITHIN THIS WEBSITE, ANY EQUIVALENT MIRRORS, REPLACEMENTS, SUBSTITUTES OR BACKUP WEBSITES (“WEBSITE”), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE (“TERMS OF USE”) BELOW. THESE TERMS OF USE ARE SUBJECT TO CHANGE.  ANY CHANGES WILL BE INCORPORATED INTO THE TERMS OF USE POSTED ON THE WEBSITE FROM TIME TO TIME. YOUR CONTINUED USE OF THE WEBSITE AFTER A MODIFICATION SIGNIFIES YOUR AGREEMENT TO THE MODIFICATION.

These Terms of Use set forth a contractual agreement between you (“you” or “your”) and World Oil Corp., its subsidiaries, and affiliates (“WOC”, “we” or “us") regarding your use of the WEBSITE and access to the services provided through the WEBSITE.  You represent that you are legally bound to accept these Terms of Use, and affirm that you are either of legal age to form a binding contract, or have obtained parental or guardian consent to do so.

IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT ACCESS THE WEBSITE.

These Terms of Use provide that all disputes between you and WOC will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court.  Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION.  Please review the section below entitled “Arbitration” for the details regarding your agreement to arbitrate any disputes with WOC.


COPYRIGHT NOTICES

The material made available at the WEBSITE, such as all design, text, graphics, images, audio, video and other material, as well as the domain name, tagline, organization and use look-and-feel (collectively, the “Content”), are owned by WOC, one of its licensors or partners and protected by copyright. Except as otherwise expressly stated herein, the Content cannot be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without WOC's prior written consent, except to the extent permitted by copyright law, and then only with notices of WOC's or its partner’s proprietary rights.

You may use the WEBSITE (including the Content) for your own personal, non-commercial use, but you may not use it for commercial purposes. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the WEBSITE unless explicitly authorized in these Terms of Use or by the owner of the Content. You may, however, from time to time, download and/or print one copy of individual pages of the WEBSITE for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notice.


TRADEMARK NOTICES

World Oil Corp. and the World Oil Corp. logo are registered trademarks of WOC. Other featured words or symbols used to identify the services or programs offered in the WEBSITE may also be protected trademarks. You are prohibited from use of any trademarks, service marks, logos and trade names, whether registered or unregistered, without the express, written permission of WOC.


GENERAL DISCLAIMER

The information on the WEBSITE is for informational purposes only. It is believed to be reliable, but WOC does not warrant its completeness, timeliness or accuracy. The information and materials contained in the WEBSITE and these Terms of Use are subject to change without notice.
WOC CAN DISCONTINUE OR MAKE CHANGES IN THE INFORMATION OR SERVICES DESCRIBED HEREIN AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY.  WOC DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. WOC RESERVES THE RIGHT TO TERMINATE ANY OR ALL WEBSITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU.


ACCEPTABLE USE

Unauthorized use of the WEBSITE and systems such as unauthorized entry into WOC's systems, misuse of passwords, or misuse of any information posted to the WEBSITE, is strictly prohibited.  You agree that: (i) you will not engage in any activities related to the WEBSITE that are contrary to applicable law, regulation or the terms of any agreements you have with WOC; (ii) where your use of the WEBSITE requires a username and password, you will establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals; (iii) you will not use any device, software, routine, file or other tool or technology, such as any viruses, Trojan horses, malware, or other harmful content or code intended to damage or interfere with the proper working of the WEBSITE or to surreptitiously intercept or expropriate any system, data or personal information from the WEBSITE; (iv) you will not "harvest" (or collect) information from the WEBSITE using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other users of the WEBSITE and information about the offerings, products, services and promotions available on the WEBSITE; (v) you will not "stream catch" (download, store or transmit copies of streamed content); (vi) you will not circumvent or reverse engineer the WEBSITE or its systems; (vii) if you post something to this WEBSITE, such as comments or other content, do not post anything that infringes any third party intellectual property right (such as copyrights); is defamatory (i.e., something that is negative and untrue about another person or entity); divulges another person's or entity's confidential or private information or trade secret; or is fraudulent, unlawful, threatening, harassing, abusive, obscene, or discriminatory; encourages criminal conduct.


RESPONSIBILITY FOR USER CONTENT

The WEBSITE may include features that allow users to post content and materials to public posting areas of the WEBSITE (the “User Content”). Responsibility for User Content lies with each user - you alone are responsible for the material you post or otherwise make available in public areas of the WEBSITE. You alone are responsible for assessing the credibility of other User Content. We do not control the User Content that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such User Content or to edit or delete it.  However, WOC reserves the right remove User Content at its sole discretion and without prior notice. We are not a publisher of User Content, and we are not responsible for their accuracy or legality.  WOC does not endorse any User Content and disclaims any and all liability in connection with these submissions. 


SUBMISSION OF USER CONTENT

If you post, display, upload, input, provide or submit User Content, it will be deemed non-proprietary and non-confidential and may be used by us or others without restriction.  By posting or submitting such User Content, you grant WOC a royalty free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use such User Content, including alterations thereof, for our business purposes, in any form, in any media, and via any technology we choose, whether it exists now or is created in the future. You represent and warrant that you own or otherwise control any and all rights in and to the content that you submit and that our public posting and use of that content will not infringe or violate the rights of any third party in any manner, including without limitation any privacy rights, publicity rights, copyrights, contract rights or any other intellectual property or proprietary rights.
To avoid any disputes between us relating to ideas that you have submitted to us, you agree that if you send us your ideas, you are giving us the right to use them, and you waive and release us from claims that we have used your ideas without your permission.

ELECTRONIC COMMUNICATIONS

The communications between you and us via the WEBSITE use electronic means, whether you visit the WEBSITE or send us an email, or whether we post notices on the WEBSITE or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.


Potential Disruption of Service

You acknowledge that access to the WEBSITE can from time to time be unavailable, delayed, limited or slowed due to, among other things:

  • Hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
  • Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
    overload of system capacities;
  • Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, acts of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
    strike or other stoppage (whether partial or total) of labor;
  • Governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
    any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of WOC.


Links to Other Sites
  
The WEBSITE may contain links to third party sites.  WOC has no control over the content on such non-WOC websites. You access any other Internet site linked to the WEBSITE at your own risk. WOC makes no warranties, either express or implied, concerning the content of any other website, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does WOC warrant that such website or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. WOC does not guarantee the authenticity of documents on the Internet. WOC provides these links merely as a convenience and the inclusion of such links does not imply any endorsement of, or responsibility for, the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content of such websites.

Account, Password and Security

Some areas of the WEBSITE may require you to set up an account. Where you have created an account on the WEBSITE, you agree to provide true, accurate, current and complete information about yourself. Upon any changes to your account information, you agree to update your account to maintain the accuracy thereof.

You are responsible for maintaining the confidentiality of your account. You may not share your password or other account access information with any other party, temporarily or permanently, and you shall be responsible for all uses of your password or account, whether or not authorized by you. You agree to immediately notify WOC of any unauthorized use of your password or account. If you become aware of or should reasonably know about unauthorized use of your password or account, and if you do not notify WOC immediately of such use, you will be responsible for any and all liability incurred by WOC or any other user of the WEBSITE due to unauthorized use.

If WOC believes that your account has been compromised, WOC may require you to update your password. In the event WOC reasonably believes that your actions affect other users or third parties, WOC may warn such other users or third parties, including law enforcement. WOC may also investigate any perceived misuse of your account, refer matters to law enforcement, and/or take other legal action. WOC reserves its rights to cancel, suspend or limit the use of your account and/or refuse to provide services if WOC determines that you have violated these Terms of Use.

LIMITATION OF LIABILITY

BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR, AS WELL AS OTHER FACTORS, THE WEBSITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE) IS PROVIDED "AS IS" AND "AS AVAILABLE".  EXCEPT AS REQUIRED BY LAW, WOC DOES NOT PROVIDE ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE OR THE SERVICES PROVIDED BY WOC ON OR THROUGH THE WEBSITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.

WOC DOES NOT WARRANT THAT USE OF THE SITE, OR ANY MATERIALS OR CONTENT OFFERED ON THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.  WOC WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THE WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THE WEBSITE AND FILES AND YOUR BROWSER OR OTHER SITE ACCESSING PROGRAM. WOC WILL NOT BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY YOU DUE TO CAUSES BEYOND WOC'S CONTROL. EXCEPT AS REQUIRED BY LAW, WOC DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION.

NOTHING HEREIN WILL BE CONSTRUED AS LIMITING OR REDUCING WOC'S RESPONSIBILITIES AND OBLIGATIONS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.

UNDER NO CIRCUMSTANCES WILL WOC BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER WOC HAS BEEN APPRISED OF THE LIKELIHOOD OF DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.


INDEMNIFICATION

You agree to indemnify, defend and hold us and our affiliates and subsidiaries, and our and their respective directors, officers, employees and agents, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way related to your access to, use of, or inability to use the WEBSITE, your submissions to the WEBSITE, the breach or alleged breach of these Terms of Use or applicable law, by you or by someone accessing the WEBSITE via your account, your violation or alleged violation of any rights of a third party, or any negligent acts, omissions, or willful misconduct by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. You agree not to settle any matter without the prior written consent of WOC. This indemnification, defense and hold harmless obligation will survive these Terms of Use and the termination of your use of the WEBSITE.


Termination

WOC, in its sole discretion, reserves the right to terminate this agreement or access to its website for any reason and at any time upon notice to you.


 Survival

All provisions of these Terms of Use which by their nature should survive, will survive, including without limitation, the following sections: Acceptable Use, Copyright Notices, Trademark Notices, General Disclaimer, Acceptable Use, Responsibility for User Content, Submission of User Content, Limitation of Liability, Indemnification, Governing Law and Arbitration Agreement; Waiver of Trial by Jury; Class Waiver.


Headings and waiver

Headings are for reference purposes only. The failure of WOC to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. The waiver by WOC of any such right or provision will be effective only if in writing and signed by a duly authorized representative of WOC.


Severability

In the event any of the terms or provisions of these Terms of Use will be held to be unenforceable, the remaining terms and provisions will be unimpaired and the enforceable term or provision will be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision.


Governing Law

These Terms of Use will be deemed entered into in California and will be governed by and interpreted in accordance with the laws of the State of California excluding that body of law known as conflicts of law.

   
ARBITRATION AGREEMENT; WAIVER OF TRIAL BY JURY; CLASS WAIVER

To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Use (“Dispute”), you and WOC agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. WOC will send its notice to your mailing address or if no mailing and email you a copy to the email address you have provided to us. You will send your notice to: 9302 Garfield Avenue, South Gate, CA 90280, Attention:  Chief Legal Officer.

If you and WOC are unable to resolve a dispute through informal negotiations, you and WOC agree that any disputes or controversies arising out of, relating to or in connection with these Terms of Use shall be finally and exclusively resolved by binding arbitration before a single neutral arbitrator in Los Angeles, California, as the exclusive remedy for resolving any and all such disputes, in accordance with the JAMS Arbitration Rules & Procedures then in effect (and no other rules).  JAMS is independent from WOC, and you may obtain copies of the current JAMS Rules, and other related materials, including forms and instructions for initiating arbitration, by contacting JAMS at 1920 Main Street, Suite 300, Irvine, CA 92614 1-800-352-5267 or www.jamsadr.com.  YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.  YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL IN THE EVENT THAT ARBITRATION IS USED TO RESOLVE A DISPUTE UNDER THIS AGREEMENT.

The arbitrator may allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party. Judgment may be entered on the arbitrator’s award in the federal or state courts located in Los Angeles, California.

YOU AND WOC AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO THE DISPUTE BETWEEN WOC AND YOU INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW, (1) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (2) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (3) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.