Wilcox and Flegel
Effective Date: May 27, 2020
Last Updated: May 27, 2020
Welcome to the www.wilcoxandflegel.com website (the “Website”). The Website is owned and operated by Wilson Oil, Inc., doing business as Wilcox and Flegel Oil Co., together with its affiliates, subsidiaries, successors, and assigns (though affiliates and subsidiaries may sometimes be referred to separately, Wilson Oil, Inc., and its affiliates, subsidiaries, successors, and assigns are collectively referred to as “Company,” “Wilcox and Flegel,” “WF,” “us,” “our,” and “we”).
We reserve the right, without notice and for any reason, to remove any content from the Website; to modify, suspend, or discontinue the Website; and/or to deny access of any user to all or any part of the Website.
- Modification of Terms.
We reserve the right to revise these Terms at any time. We will post any new or revised Terms here, and you should review these Terms regularly to make sure you are aware of any changes. You can determine if these Terms have been revised since your last visit to the Website by referring to the effective date or last updated date at the top of these Terms. If changes are significant, we may also notify you of such changes by posting a notice on the home page of the Website and/or via contact information you have provided to us, if any. Your use of the Website following such revision to these Terms constitutes your acceptance of and agreement to these Terms, as revised, and the revisions will apply to your use of the Website on and after the date on which we post the revised Terms. We will keep prior versions of these Terms in an archive for your review upon your request.
- Ability to Agree to Terms; Intended Users.
The Website is intended for use by adults only. Subject to our information practices related to Children’s Privacy as described in our Privacy Statement, by using the Website, you affirm that you (i) are sixteen (16) years old or older, or that you are between the ages of thirteen (13) and sixteen (16) and possess legal parental or guardian consent to use the Website and provide information through the Website (however, as described in our Privacy Statement, you should not provide Personal Information about yourself through the Website if you are under age 16, or under the age of majority in jurisdictions where such age under applicable data protection laws is greater than 16); (ii) are a resident of the United States; and (iii) have authority to agree to these Terms and are competent and capable of understanding and complying with these Terms. Our Website, products, and services are all directed to people who are at least sixteen (16) years old, and children under age 16 are prohibited from using the Website. Company does not and will not knowingly (i) collect or permit submission of personally-identifiable information of anyone under age 16, or under the age of majority in jurisdictions where such age under applicable data protection laws is greater than 16, through the Website; (ii) contact such individuals for marketing purposes; or (iii) sell products or services to such individuals.
The Website is controlled and operated from the United States and is not intended to (and shall not be deemed to) subject us to non-U.S. jurisdiction or laws. If you access the Website, you do so at your own risk, and you agree to comply with all applicable local, provincial, state, and federal laws, rules, and regulations in connection with your use of the Website. We may limit the Website’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.
- Electronic Communications.
When you visit the Website or send e-mails to us, you are communicating with us electronically. And, subject to our information practices set forth in our Privacy Statement, you consent to receive responsive communications from us electronically. Unless otherwise set forth in these Terms, notices to you may be made via postings to the Website, by email, or by regular mail, in our discretion, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings, based upon or relating to these Terms and/or your use of the Website, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
5. User Permissions and Obligations.
- Right to Use the Website and WF Content.Company grants you a non-transferable, non-assignable, non-sublicensable, non-exclusive, revocable, limited license to access and use the Website and to download and print limited copies of WF Content (defined as all text, graphics, logos, images, audio clips, digital downloads, and any other material or information on, comprising, or used in connection with the Website); provided that you comply with these Terms. Any other copying, reproduction, use, distribution, republication, display, rental, sale, other transfer, modification, or translation of the Website and/or WF Content (or creation of derivative works based on the Website or WF Content) is strictly prohibited without the express prior written permission of Company.
- Technical Requirements.You are responsible for all software, hardware, services (such as Internet service), and equipment necessary to access and use the Website, including all related expenses, if any.
- Indemnification by You.YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COMPANY, ITS AFFILIATES, SUBSIDIARIES, SUCCESSORS, AND ASSIGNS, AND EACH OF OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS FOR, FROM, AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, LOSSES, JUDGMENTS, DEMANDS, AWARDS, AND COSTS AND EXPENSES (including reasonable attorneys’ fees and costs) DUE TO OR ARISING OUT OF (i) YOUR USE OF OR ACTIVITIES IN CONNECTION WITH THE WEBSITE, WF CONTENT, USER CONTENT (DEFINED AND DISCUSSED BELOW), OR OTHER INFORMATION OR MATERIALS OBTAINED THROUGH THE WEBSITE; (ii) YOUR USER CONTENT, INCLUDING WITHOUT LIMITATION THE DISPLAY OF YOUR USER CONTENT ON OUR WEBSITE AND/OR OUR USE OF YOUR USER CONTENT AS AUTHORIZED IN THESE TERMS; (iii) YOUR INFRINGEMENT, MISAPPROPRIATION, OR OTHER VIOLATION OF ANY THIRD-PARTY RIGHTS, INCLUDING WITHOUT LIMITATION, THE RIGHTS OF ANOTHER WEBSITE USER; AND/OR (iv)YOUR VIOLATION OF THESE TERMS, OR ANY LAW, RULE, OR REGULATION, AND/OR ANY BREACH OF YOUR REPRESENTATIONS OR WARRANTIES MADE IN THESE TERMS.
- Conduct on the Site. You agree NOT to:
- Use the Website or WF Content for any fraudulent or unlawful purpose or any purpose prohibited by these Terms.
- Use the Website or WF Content in any manner that may adversely affect Company’s resources or the availability of the Website to others, or in any way that disrupts the operation of the Website or the servers or networks that make the Website available;
- Delete or revise any WF Content on the Website, or modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise tamper with any portion of the Website or WF Content;
- Remove or modify any copyright, trademark, or other proprietary rights notice from the Website or any WF Content;
- Use the Website to transmit, disclose, collect, or store personal information about others;
- Use the Website or information obtained through the Website to contact anyone who has asked not to be contacted;
- Submit or post any material or information that is illegal, obscene, threatening, harassing, slanderous, defamatory, abusive, invasive of privacy; or that infringes, misappropriates, or otherwise violates the proprietary or legal rights of any person or entity; or that contains software viruses, corrupted data, or cancel bots;
- Impersonate any person or entity, create a false identity, falsely state or otherwise misrepresent your affiliation with any person or entity, express or imply that we endorse any statement you make or have made, or otherwise mislead as to the origin of any material or information you submit;
- Violate the rights of any third party or breach any contract with or duty owed to any third party;
- Create a database by downloading and saving WF Content or any other material or information from the Website;
- Download, copy, or use any WF Content or any other information or content on or comprising the Website in order to compete with Company in any way;
- Use the Website to design, develop, operate, support, market, distribute, or otherwise make available any program, application, or service (including without limitation any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of, or interoperation with the Website;
- Frame or mirror any WF Content or other portions of the Website. If you link to the Website, Company reserves the right to block any such links and/or demand you remove any such link at any time;
- Attempt to gain unauthorized access to the Website. You may not attempt to defeat any security measures that we take to protect the Website; or
- Use any manual or automatic website search/retrieval computer hardware or application to retrieve or in any way gather WF Content or other information or materials on or comprising the Website, or reproduce or circumvent the structure or presentation of the Website without our prior written consent. General purpose Internet search engines will be entitled to access the Website and use limited content from the Website if, in all cases: (i) They provide a direct hyperlink to the relevant web page from the Website; (ii) they link to and use the content solely in connection with their activities as an Internet search engine; and (iii) they access the Website from a stable IP address using an easily-identifiable agent. We reserve the right to revoke this permission in whole or in part.
- Content You Submit Using the Website.
Ownership of and Right to Use User Content. If you choose to post any information, content, or comments (collectively, “User Content”) to any portion of the Website, where allowed, and where it is readily apparent that the User Content will be publicly available, you consent to our posting and collection of such User Content, and you grant us permission to use (and to allow third parties to use) such User Content in connection with the operation of the Website and our business generally, including without limitation, for our advertising and marketing purposes. You grant us the unrestricted, perpetual, worldwide, transferable, sublicensable, royalty-free, and fully-paid up non-exclusive right and license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, and create derivative works based on your User Content; and to publish your name and city of residence in connection with your submitted User Content (though we are under no obligation to use your name or city of residence or to give you any attribution or credit for such User Content). You acknowledge and agree that we may use your User Content in any media, now known or hereafter developed. You will not be paid for our use of your User Content. We are under no obligation to post or use any User Content you provide, and we may remove any User Content at any time in our discretion. We do not claim ownership of your User Content, unless otherwise expressly provided on the Website. You acknowledge and agree that we may have something similar already under consideration or development, and we will own all right, title, and interest in and to what we create or develop without use of your User Content.
YOU ACKNOWLEDGE AND AGREE THAT WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY USE OR MISUSE OF YOUR USER CONTENT BY ANY OTHER WEBSITE USER .
- Conduct Relating to Your User Content. If you post User Content to any areas of the Website where it is readily apparent that the User Content will be publicly available:
- You are solely responsible for the User Content you post. Upon your request, we may, but have no obligation to, remove User Content that you post, but copies of User Content that you posted may remain in our storage media. We retain the right to make archival and back-up copies of and to store User Content you post (and drafts of User Content that you never actually post), indefinitely. You agree, however, that we have no responsibility or liability for the deletion of or failure to store or transmit this User Content.
- You must not post User Content for unlawful purposes or to promote illegal activities. If you do, your access to the Website may be suspended or terminated, and we may notify law enforcement authorities.
- You may not post User Content using any automated means.
- You must not create multiple accounts for yourself with the intent of exploiting our Website.
- We may or may not pre-screen your User Content before it is posted, and we have the right, but not the obligation, in our discretion and without notice to you, to refuse to post your User Content.
- We are not obligated to monitor the User Content posted to the Website. We reserve the right, however, to decide what to post and whether to remove any posts, without notice or liability to the user who posted the User Content or any other user.
- All comments must relate in some way to the post on which you are commenting.
- By posting, you represent and warrant that you have the right to share your User Content, and that our use of the User Content as allowed in these Terms and inclusion of the User Content on the Website, does not and will not infringe, misappropriate, or otherwise violate any third-party copyright, trademark, patent, trade secret, and any other proprietary right, privacy right, right of publicity, or other third-party right. You shall be solely responsible and liable for any damages or harm resulting from your posting of User Content to the Website, and you agree to indemnify us according to Section 5(c) above.
- User Content posted to the Website is the responsibility of the posting user. User Content may be offensive, harmful, inaccurate, deceptive, or otherwise inappropriate. The views and opinions expressed by users on the Website are not necessarily our views. We are not responsible for, we make no representations or warranties regarding, and we disclaim any and all responsibility and liability for the User Content. You acknowledge and agree that your reliance on User Content will be at your own risk.
- In the event that we refuse to post your User Content or remove your User Content for any reason, we reserve the right to disclose such User Content as necessary to satisfy any applicable law, regulation, or governmental request.
- Infringement Policy.
We will remove User Content posted to the Website if we believe in good faith that the User Content is infringing a copyrighted work. If you believe your copyright has been infringed by User Content or if you believe User Content you posted has been wrongly removed from the Website, please contact us immediately.
- Accuracy of WF Content.
We attempt to provide WF Content on the Website that is complete, accurate, and current (excluding User Content, for which we are not responsible). Despite our efforts, the WF Content may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or timeliness of any WF Content.
By submitting ideas, suggestions, enhancement requests, documents, and/or proposals (“Contributions”) to Company through the Website or otherwise, you acknowledge and agree that: (i) Your Contributions do not contain the confidential or proprietary information of you or any third party; (ii) we are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) we are entitled, but not obligated, to use or disclose (without notice or credit given to you) such Contributions for any purpose, in any manner, and in any media, now known or hereafter developed; (iv) we may have something similar to the Contributions already under consideration or development, and we will own all right, title, and interest in and to what we create or develop without use of your Contributions; (v) you hereby assign to Company all rights, titles, and interests in and to your Contributions (and all copyright, trademark, trade secret, and other intellectual property rights therein); and (vi) you are not entitled to compensation of any kind for your Contributions.
For information on how we use and protect the personal information and automatically-collected information collected through your use of the Website, view our Privacy Statement here. Your use of the Website indicates to us that you have read and understand our Privacy Statement.
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying some current providers of such protections is available at: http://getnetwise.org and http://onguardonline.gov. We do not endorse any of the products or services listed at these sites. Further, this notice shall not constitute an admission by us that any content on our Website is harmful to minors.
- No Warranty; Limitation of Liability.
You use the Website at your own risk. We provide the website, WF content, access to User Content, and all other information and materials obtained on and/or comprising the Website “as is” and “as available,” without any express or implied representations or warranties of any kind. We disclaim, to the maximum extent permitted by applicable law, all express, implied, and statutory representations and warranties with respect to the website, WF content, User Content, and all other information and materials obtained on and/or comprising the Website, including without limitation, warranties of merchantability, fitness for a particular purpose, satisfactory quality, suitability, timeliness, reliability, security, non-infringement, and title. We do not guarantee or make any representation or warranty that the Website, WF content, User Content, and/or other information or materials obtained on and/or comprising the Website will be safe or secure, accurate, complete, reliable, current, error-free, uninterrupted, timely, or free of viruses or other harmful components, nor that any particular software or hardware will be compatible with the Website. Company is not responsible for any loss or damage arising directly or indirectly from your use of the Website, or the interception or loss of any data transmitted to or from the Website. We make no representation or warranty that communications through the Website will be secure and not intercepted by a third party. Company shall have no responsibility or liability whatsoever for failure of or damage to electronic or mechanical equipment or communication, telephone or other connection problems, computer viruses, unauthorized access or interception of data, theft, or errors. If User Content you post is confidential, defamatory, or otherwise violates the rights of third parties, you may be legally responsible for damages, and company shall have no responsibility or liability for the same.
Without limiting the generality of the foregoing paragraph or any other disclaimers or limitation of liability in these Terms, to the maximum extent permitted by applicable law, company will not be liable for any direct, consequential, special, multiplied, exemplary, punitive, indirect, or incidental damages (including without limitation damages for loss of profits; loss of use; loss of data; loss of security of your information; or unauthorized interception of any such information by third parties) arising out of or in connection with your use of or inability to use, or any other matter relating to, the Website, WF content, User Content, or other information or materials on and/or comprising the Website, even if we have been advised of the possibility of such damages or losses. Your sole and exclusive remedy for dissatisfaction with the Website is to stop using the same.
The disclaimers and limitations of liability contained in these terms are a material part of our agreement. It is possible that applicable law may not allow for limitations on certain implied warranties or exclusions or limitations of certain types of damages. Solely to the extent that such law applies to you, some of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. However, in all circumstances, our maximum aggregate liability for all damages, losses, and claims, whether in contract, tort (including without limitation negligence), or otherwise shall be USD 100.00. Notwithstanding the foregoing sentence, if applicable law prohibits the limitation or exclusion of a party’s liability with respect to death or personal injury caused by such party’s negligence, fraud, or any other matter, then such party’s liability will not be limited or excluded to the extent of such prohibition under such applicable law.
No statements, whether oral or written, made by any director, officer, member, employee, or agent of company may be deemed as a representation or warranty on behalf of Company in contradiction to this section 12 or any other provisions of these terms.
In agreeing to the limitation of liability contained in these terms, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of the limitations of liability to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to the limitations of liability. Without limiting the generality of the foregoing, you expressly waive California Civil Code § 1542 (and any similar laws in other jurisdictions), which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
While we try to maintain the security of the Website, we do not guarantee that the Website will be secure. Additionally, third parties may make unauthorized alterations to the Website. If you become aware of any unauthorized third-party alterations to or use of the Website or any other breach of security, please contact us immediately.
- Company’s Intellectual Property Rights.
WF, and other trademarks, service marks, and names appearing on the Website are registered or unregistered trademarks and service marks of Company in the United States. Company exclusively owns all rights, titles, and interests in and to these trademarks, service marks, and names. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all of our trademark rights, and we may own other trademark rights. All rights not expressly granted are reserved. Your use of our trademarks, service marks, and names without our prior written consent is strictly prohibited. Without limiting the generality of the foregoing, you may not use Company’s trademarks, service marks, or names in any meta-tags or other hidden text.
Product, service, and company names that appear on the Website that are not owned by us are subject to trademark and/or other rights of other parties.
Except for User Content, all WF Content; the selection, arrangement, and presentation of all WF Content (including information in the public domain); and the overall design, “look and feel,” color combinations, and other graphical elements of the Website; and all rights, titles, and interests therein (including without limitation all copyright, trademark, and other intellectual property and proprietary rights therein) are the exclusive property of Company or its licensors or suppliers.
- Audit Rights and Enforcement.
We have the right, but not the obligation, at any time and with any frequency in our discretion, to audit your use of the Website to determine your compliance with these Terms. We have the right to enforce these Terms, for any reason and in any manner or by any means that we, in our discretion, deem necessary or appropriate. We may cooperate with any legal process relating to your use of the Website and/or any third party claim that your use of the Website is unlawful or infringes, misappropriates, or otherwise violates any third party’s rights. We may, in our discretion and without additional notice to you, start, stop, or modify any regulation or enforcement measures at any time.
- Discontinuance and Modification; Termination.
There is no guarantee that we will continue to offer or provide the Website, and we may simply suspend or discontinue the Website (or any part thereof) at any time for any reason and without notice to you. We have the right to remove any content from the Website or to modify the Website. We may, in addition to all other rights and remedies, terminate your access to and use of the Website if you breach any provision of these Terms or if you access or use the Website in a manner that is not expressly authorized by Company or that may harm Company. Regardless of the cause or basis for termination, you agree that we shall not be liable for any such termination, and you are not entitled to compensation or damages of any kind as a result of the termination. Accessing the Website after such termination will constitute an act of trespass, among other potential claims.
- Your Discontinued Use.
You may discontinue use of the Website at any time. These Terms will continue to apply to all past use of the Website, even if you are no longer using the Website, whether voluntarily or because we terminated your access thereto.
- Governing Law and Disputes.
To the extent you have in any manner violated or threatened to violate Company’s intellectual property rights; disclosed or threatened to disclose any Company confidential or proprietary information; violated or threatened to violate the security of any person, data, Company servers or networks, and/or the Website; and/or otherwise breached or threatened to breach these Terms, you acknowledge and agree that such violation or breach will cause immediate and irreparable harm to Company, and Company shall be entitled to injunctive or other appropriate relief, including without limitation specific performance (without the posting of a bond or other security and without proving damages), and you agree that Company may seek such relief in any court of competent jurisdiction.
These Terms do not create any partnership, joint venture, employer-employee, broker-dealer, agency, or franchise relationship between you and us. If any provision of the Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full force and effect. No waiver or failure to assert any provision of the Terms shall be valid unless in writing and signed by an officer of Company. No waiver of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. Company may assign its rights and duties under these Terms to any party, at any time, and without notice to you, unless otherwise expressly stated in these Terms or required by law. Unless otherwise expressly stated herein, these Terms (and all policies incorporated into these Terms) constitute the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. We will not be responsible for failure to fulfill any obligation due to causes beyond our control. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. Company reserves all rights not expressly granted in these Terms.
- California Consumer Rights Notice.
Under California Civil Code Section 1789.3, Website users who are California residents are entitled to the following consumer rights notice: The provider of this Website and associated services is Wilson Oil, Inc., doing business as Wilcox and Flegel Oil Co., with its principal address at 95 Panel Way Longview, WA 98632 USA. As of the Effective Date of these Terms, no direct charges are imposed upon Website users for use of the Website. If you are a California resident, you may report complaints with the services provided through this Website to or request information regarding the services from the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. We request that you first report complaints directly to us and try to resolve them with us before contacting the Complaint Assistance Unit.
- Contact Us.
If you have any comments or questions about these Terms or the Website, please contact us at: