Marts Oil Service

Terms of Use, Privacy & Security

Updated on 06/23/2006

Please read the following Terms of Use, Privacy & Security ("Terms of Use") carefully. By using this Web site, you acknowledge that you have read the following Terms of Use and that you accept and will be bound by them, as they may be modified by Marts Oil Service, Inc., from time to time, as posted on this Web site. If you do not agree to these Terms of Use, do not use this Web site. Any use of the Web site is at the sole risk of the user.

Legal Name and Address
Marts Oil Service, Inc., is a wholly owned subsidiary of Burns & McBride, Inc., with headquarters located at 240 South DuPont Highway, Suite 110, New Castle, Delaware 19720. Our phone number is 1-866-935-2360. For the purposes of these Terms of Use, references to Marts Oil Service, Inc., shall include any parents, affiliates, directors, officers, or employees.

Limited Disclaimer of Copyright
Any person is hereby authorized to view the information (and incidentally create an electronic copy of the information) available from this Web site for informational purposes only. No part of the information at this Web site can be otherwise redistributed, copied, or reproduced in any form without prior written consent of Marts Oil Service, Inc..

Disclaimer of Warranties
This information is provided "AS IS" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

MARTS OIL SERVICE, INC., MAKES NO REPRESENTATION AS TO THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE WEB SITE MATERIALS. MARTS OIL SERVICE, INC.., PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE INFORMATION, INCLUDING, WITHOUT LIMITATION, THE TERMS OF USE OF THE WEB SITE, WITHOUT NOTICE. FURTHER, MARTS OIL SERVICE, INC., ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEB SITE. MARTS OIL SERVICE, INC. SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE WEB SITE.

REFERENCE TO THE CORPORATION AND ITS SERVICES AND PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. IN NO EVENT SHALL MARTS OIL SERVICE, INC., OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE INFORMATION AT THIS WEB SITE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, COMPUTER VIRUS OR SYSTEM FAILURE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEB SITE (OR THE INFORMATION OR SERVICES PROVIDED AT THIS WEB SITE) OR ANY WEB SITE RELATED TO ANY THIRD PARTY, OR USERS' INABILITY TO USE THE INFORMATION OR MATERIALS CONTAINED IN THE WEB SITE (OR ANY OTHER WEB SITE). IN NO EVENT SHALL MARTS OIL SERVICE'S LIABILITY TO USERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY USERS TO MARTS OIL SERVICE, INC., FOR ACCESSING THE WEB SITE. THE USER SHOULD CONSULT HIS OR HER OWN LEGAL ADVISORS REGARDING THE APPLICABILITY OF STATE STATUTES REGARDING LIMITATIONS ON LIABILITY.

DESCRIPTIONS OF, OR REFERENCES TO, PRODUCTS, SERVICES, OR PUBLICATIONS WITHIN THE MARTS OIL SERVICE, INC., WEB SITE DO NOT IMPLY ENDORSEMENT OF THAT PRODUCT, SERVICE, OR PUBLICATION. MARTS OIL SERVICE MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO THE SUBJECT MATTER INCLUDED HEREIN OR THE PRODUCTS LISTED HEREIN. MARTS OIL SERVICE SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED, IMPLIED, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

SOME STATES DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ALL CASES.

Indemnification by User
USER AGREES TO INDEMNIFY, DEFEND, AND HOLD MARTS OIL SERVICE, INC., HARMLESS FROM ANY LIABILITY, LOSS, CLAIM, AND EXPENSE, INCLUDING ATTORNEY'S FEES RELATED TO A USER'S VIOLATION OF THESE TERMS OF USE OR THE USE OF THE SERVICES AND INFORMATION PROVIDED AT THIS WEB SITE.

Disclaimer of Sales Information
This Web site may contain offers for sale or lease of merchandise or services. Such merchandise and services may be obtained only by linking to the merchant Web in order to make the transaction. Terms of the offer shown on this Web site, including, but not limited to, price, color, quantity, availability, and description may vary from those shown on the merchant's Web site. Differences in the terms of an offer between this Web site and a merchant's site will be governed by the terms shown on the merchant's site. Marts Oil Service, Inc. is not responsible or liable for any such differences or discrepancies.

Typographical Errors
This Web site could include technical inaccuracies or typographical errors.

Viruses
All responsibility or liability for any damages caused by viruses contained within the electronic files or at this Web site is disclaimed.

Links to Other Web Sites
This Web site contains links to other Web sites. Marts Oil Service, Inc., is not responsible for the content, accuracy, or opinions expressed in such Web sites, and such Web sites are not investigated, monitored, or checked for accuracy or completeness by Marts Oil Service, Inc. Inclusion of any linked Web site does not imply approval or endorsement of the linked Web site by Marts Oil Service, Inc..

Submission of Information
All information transmitted or otherwise submitted to Marts Oil Service, Inc., via this Web site shall be deemed to be the property of Marts Oil Service, Inc., and Marts Oil Service, Inc., shall be free to use such information for any lawful purpose. Marts Oil Service, Inc., shall not have any obligation to keep such information confidential except as otherwise specifically agreed in writing by Marts Oil Service, Inc., or as required by law. Users should note that electronic transmissions to and from this Web site are not confidential and may be read or intercepted by others.

General
These Terms of Use will be governed by and construed in accordance with the laws of the United States of America and the State of Delaware without regard to conflict of law principles, and users agree that all legal proceedings related to the matters herein shall be adjudicated solely in the courts of New Castle County, Delaware, United States of America. Users consent to extraterritorial service of process and submit to the jurisdiction of said courts. To the extent any portion of these Terms of Use shall be determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use as so modified will remain in full force and effect. Any waiver of any provisions contained in these Terms of Use by Marts Oil Service, Inc., shall not be deemed to be a waiver of any other right, term, or provision of these Terms of Use.

Privacy & Security
This website ("Martsoil.com") is owned and operated by Marts Oil Service, Inc. Martsoil.com recognizes the importance of maintaining the privacy of our customers ("Customers"), sweepstakes enrollees and other website users (collectively "Users"), and we have posted this privacy policy ("Policy") to describe our practices regarding the collection and use of information gathered through Martsoil.com. This Policy applies only to Users accessing Martsoil.com from within the United States. This Policy is effective as of 6/24/2006. We may from time to time update this Policy and invite you to review this page periodically. In the event this Policy changes, we will inform you by posting an updated Policy on this web page. All changes will go into effect on the date that is posted in our Policy. The new Policy will apply to all past and current users of Martsoil.com and will replace any prior Policies.

What Information We Collect and How We Use It
Martsoil.com does not collect personally identifiable information from individuals unless they provide it to us voluntarily and knowingly. This means we don't require Users to register or provide information to us in order to view our site.

If you choose to enroll in a sweepstakes, we may collect the following information about you: name, address, phone number, email address, current heating oil supplier and other service preferences. We use the information you supply for the purpose of conducting the sweepstakes and providing the services you have requested. In addition, Marts Oil Service or its affiliates may from time-to-time contact you via email or regular mail, unless you opt-out as described in this privacy policy.

In certain instances we may disclose your personally identifiable information when we have reason to believe that it is necessary to identify, contact or bring legal action against persons or entities who may be causing injury to you, Marts Oil Service, Inc. or others. We may also disclose your personally identifiable information when we believe the law requires it. In the event of a merger, consolidation or sale or transfer of all or substantially all of our company or its assets, it is possible that all User information collected by Martsoil.com will be transferred to the purchaser or the new company.

Cookies and Web Beacons
Martsoil.com may use "cookies". A cookie is a small file that is sent to your browser from a web server and stored on your computer's hard drive. We use cookies to help us determine whether a User has visited Martsoil.com before or if they are new User. Most web browsers automatically accept cookies, but they should also allow you to instruct your browser to prevent the use of cookies. Please note that if you disable cookies certain aspects of Martsoil.com may not function properly. The cookie doesn't track any personal information about you or provide us with any way to contact you, and the cookie doesn't extract any information from your computer. Martsoil.com also tracks users with "web beacons", a commonly used technology. This allows us to anonymously track purchases and other website information. These web beacons may be used to provide data to third parties for tracking purposes. However, no personal information is collected or transferred using web beacons on Martsoil.com

We also use "web beacons" in our HTML-based emails to let us know which emails have been open by recipients. This allows us to track the effectiveness of certain communications as well as the effectiveness of our marketing campaigns. If you would like to opt-out of these emails, please visit the following URL: http://www.martsoil.com/unsubscribe.asp.

Sweepstakes/Promotions
Martsoil.com sometimes includes notices of sweepstakes or other promotions we are conducting, and we may permit you to enter electronically in some cases. If that occurs, we will use the information you provide for the purpose of conducting the promotion (e.g., to contact you if you're a winner). In addition, we may participate in internet related promotions sponsored by third parties. In these instances, if you are a participant in such promotions, we may provide certain personally identifiable information to these third parties in furtherance of the promotion. These parties have agreed to hold this information in confidence, not use it for any purpose except to carry out the requested service, and honor Martsoil.com's privacy and security policies in the way this information is handled.

Market Research
From time to time, Martsoil.com may also conduct questionnaires and surveys and we may contact you via email, postal mail or phone. Survey information is treated like all of the information we collect, and it is used to help us improve the appeal of our products and our site.

Third Parties Service Providers
Martsoil.com sometimes employs other companies and individuals to perform services for us. For example, we may hire agencies to help administer consumer promotions, to analyze data, and to provide customer service. These parties have agreed to hold this information in confidence, not use it for any purpose except to carry out the requested service, and honor Marts Oil Service's privacy and security policies in the way this information is handled.

Security
Martsoil.com takes your privacy and security seriously. For this reason we have established security measures including locked doors and files, electronic security and managerial controls that limit the potential for misuse of information by employees, contractors and other third parties.

Opting Out
If you would rather not receive marketing emails from us, please opt-out by visiting the following URL: http://www.martsoil.com/unsubscribe.asp. Please note that removal from our postal lists may take up to 6 to 8 weeks to be effective.

Contacting Martsoil.com
If you have any questions about our Policy, you can e-mail us at info@martsoil.com or contact us by mail at Marts Oil Service, Inc., 240 South DuPont Highway, Suite 110, New Castle, Delaware 19720. We'll be happy to answer your questions or hear your concerns

These Terms of Use were last updated June 23, 2006.
Please check back periodically for updates and changes.