By accessing or using our Site and Services, you are entering into a legal contract with us regarding your use of the Site and Services. You agree to be bound by these Terms and all additional terms incorporated by reference. If you do not agree to any portion of these Terms, you should not access or otherwise use the Site or Services.
1. Limited License. Subject to these Terms, we hereby grant you a non-transferable, non-exclusive, limited license to use and access the Site and/or Services for your personal, non-commercial use.
2. Convenience. The Site and our Services are provided to you as a convenience and for informational purpose only. By providing you access to and use of the Site and Services, we do not warrant or represent that: (a) any statement, documents, images, graphics, logos, designs, audio, video, or any other information provided from or on the Site (collectively, the “Content”) is accurate or complete; (b) the Content is up-to-date or current; (c) we have any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes made by a third party; (f) your access to the Site and Services will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to comments or questions asked through the Site is or will be accurate or complete.
3. Purchase. Eagle Petroleum delivers heating oil to commercial and residential properties. If this is your first delivery of heating oil from Eagle Petroleum, you must be home during the delivery so Eagle Petroleum can confirm presence of your heating tank. Failure to be present at the time of the delivery may lead to postponement of the delivery.
4. Tank Inspection. You are solely responsible for (i) the fitness and condition of your heating tank, and (ii) maintenance of your heating tank. Any required inspection and/or certification of the heating tank is also your responsibility. In no event will Eagle Petroleum be liable for any issue arising from the heating tank, including, but not limited to, lack of fitness of the heating tank for any particular purpose.
5. Tank Legal Compliance. You are solely liable for your heating tank’s compliance with any local, state, or federal requirements.
6. Delivery. Eagle Petroleum strives to deliver your oil purchase within twenty-four (24) hours from when you make the purchase. We do not deliver on Sundays, and we only deliver on Saturdays during the winter months. We cannot guarantee that a delivery will be made within such twenty-four (24) hour period, as we may experience delays due to weather or scheduling conflicts. Any stated delivery times are not binding and are estimates only. In the event of unforeseen impediments beyond our control, the estimated delivery period will be extended by the duration of the impediment. This particularly applies to cases of force majeure. Weather, your location, and failure to cooperate and requests of the customer for changes or supplementation of the delivery likewise lead to a postponement of the dates or extension of the periods by the duration of the delay.
7. Pricing. Oil prices on our Site are subject to change without notice to you. Pricing is only guaranteed at the time that your order is placed.
8. Payment. Charges for the heating oil will be set out in the quotation provided to you at the time of purchase. You are responsible for the full payment of the quotation at the time of delivery via cash, credit card, debit card, energy check, or money order. Please be aware that the quoted price may not reflect applicable taxes. You have the option to pay for your purchase in advance of the delivery by credit card on our Site or over the phone. In the event you decide to obtain less oil than originally purchased, Eagle Petroleum will issue you a credit of the difference, which credit will either be returned to the credit card you used for payment, or will be credited to your account with Eagle Petroleum.
9. Your Use of the Site. The ownership of the Site, Content, and all rights therein are and will remain with Eagle Petroleum. You may view, copy, or print a single copy of any page from the Site for personal, non-commercial purposes if you do not remove, modify, or alter any copyright or proprietary rights notices that may be present. You may not otherwise use, modify, copy, print, display, distribute, publish, or sell any information, images, or other Content from the Site without our express, prior written consent.
10. Restrictions on Your Use. You may not: (i) remove or obscure any copyright, trademark, digital watermarks, proprietary legends or other proprietary notices from any portion of the Site; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, or any aspect of them, except as expressly permitted by us; (iii) decompile, reverse engineer, jeopardize the correct functioning of the Site, or disassemble the Site, or otherwise attempt to derive the source code of the software (including the tools, processes, methods, and infrastructure) that enables or underlies the Site, except as may be permitted by applicable law; (iv) cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the Site, or unduly burdening or hindering the operation and/or functionality of any aspect of the Site; (v) attempt to gain unauthorized access to or impair any aspect of the Site, or the related systems, servers, or networks; (vi) use the Site to stalk, harass or harm another individual, or in any way that is in violation of any law or regulation; (vii) impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; or (viii) use any portion of the Site or any Content in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity.
11. Updates to Site and Services. We may make changes to the Site, the Content, or these Terms, or stop providing any of the Site and/or the Content at any time and without further notice to you. We will update the Site with any changes to these Terms, and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms). Your continued access or use of the Site after such posting constitutes your consent to be bound by the Terms, as amended.
14. Submissions and Content. By submitting Content to any part of the site, you agree that such submissions are non-confidential and non-proprietary for all purposes. Any such submission, and the material therein, will be deemed and remain the property of Eagle Petroleum. You represent and warrant that the owner of such Content has expressly granted us a royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use, reproduce, display, modify, publish, edit, translate, distribute, perform, and create derivative works from Content in any media or medium, form, or forum known of hereafter developed.
15. Electronic Communications. By using the Site, you consent to receive electronic communications from us unless you follow applicable opt-out procedures. We will generally communicate with you by email. In some cases we will communicate with you by text messages, if you authorize such communication. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (via email or text message, as applicable) satisfy any legal requirement that such communication be in writing.
16. Termination. We, in our sole discretion, have the right to terminate, restrict, or suspend your access to the Site and Services for any reason, including, but not limited to, violation of these Terms. You agree that any termination of your ability to access the Site or use of the Services may be done without prior notice. Eagle Petroleum shall not be liable to you or any third party for any termination of your access to the Site or Services.
17. Children and Other Age Requirements. The Site and Services are not intended for individuals under the age of eighteen (18). You affirm that you are at least eighteen (18) years of age, or are an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
18. Disclaimer of Warranties.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, SERVICES, AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS THESE WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NEITHER EAGLE PETROLEUM NOR ANY PERSON ASSOCIATED WITH EAGLE PETROLEUM WARRANTS ANY CONTENT ON THE SITE WITH RESPECT TO COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY.
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND THAT THE SITE, THE CONTENT, OR ANY SERVICES WILL BE AVAILABLE AND REMAIN FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, SUCH AS WORMS OR TROJANS, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE WILL REMAIN UNINTERRUPTED OR ERROR-FREE, OR THAT ANY SERVICE OR CONTENT OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS AND EXPECTATIONS.
WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF ACCURACY, COMPLETENESS, RELIABILITY, MERCHANTABILITY, OR FITNESS FOR A PURPOSE, OR ANY WARRANTY THAT THE SITE IS FREE OR VIRUSES OR OTHER HARMFUL ELEMENTS, AND SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED.
19. Limitation of Liability. IN NO EVENT WILL EAGLE PETROLEUM, NOR ITS PARENT COMPANY, SUBSIDIARIES OR AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY LOSS OR DAMAGES (INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES), OF ANY KIND ARISING OUT OF OR RELATED TO (I) YOUR ACCESS OF, USE OF, OR INABILITY TO ACCESS OR USE, THIS SITE, (II) YOUR VIOLATION OF THESE TERMS, OR (III) THE USE OR INABILITY TO USE THE SERVICES, INCLUDING FITNESS OF YOUR OIL TANK. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
20. Indemnification. You agree to defend, indemnify, and hold harmless Eagle Petroleum, its parent company, subsidiaries and affiliates, and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the heating oil and any environmental claims related thereto, including any claims related to the failure of, or damage to, your tank system and/or any leakage or discharge from your tank system; and/or (iv) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties.
21. Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Site. If you are accessing the Site on your mobile device, your network’s data and messaging rates and fees may apply. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Site and any updates thereto. We do not guarantee that the Site, or any portion thereof, will function on any particular hardware or devices. In addition, all Site may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
22. Intellectual Property. The Content of the Site is intellectual property owned, controlled and/or licensed by us and/or our affiliates, or intellectual property that we are legally permitted to access and use. All applicable intellectual property laws, including copyright laws, protect our rights in and to the Content. No portion of the Content may be reproduced in any form or by any means, except as provided elsewhere in these Terms. We are the owner or authorized licensee of, or are otherwise permitted to use, all trademarks, service marks, and logos used and displayed by us on the Site. All trademarks and service marks of Eagle Petroleum that may be referred to on the Site are the property of Eagle Petroleum or one of our affiliates. Other parties’ trademarks and service marks that may be referred to on the Site are the property of their respective owners. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our, or our affiliates’, trademarks, service marks, logos, or copyrighted materials without our prior written permission.
23. Governing Law; Jurisdiction and Venue. You agree that all matters relating to your access to, or use of, the Site and the Services will be governed by the laws of the State of New Jersey, without regard to any conflict of laws principles. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in the State of New Jersey with respect to such matters.
24. Local Laws. We make no representation that any Content or materials on the Site are appropriate or available for use in jurisdictions that are outside the United States. Access to the Site from jurisdictions where such access is illegal is prohibited. If you choose to access the Site from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.
25. Questions. If you have additional questions or comments of any kind, please contact Eagle Petroleum Co. at 1473 Lamberton Road, Trenton, NJ 08611, or by calling us at 609-394-5078 (NJ) or 215-736-3001 (PA).
Last updated: October 22, 2019