Terms and Conditions of Use
last updated February 1, 2015
Acceptance of Contract Terms and Conditions of Use (also, the “terms”)
This is a web site of Scully Oil, Incorporated (also referred to as “Scully Oil,” “us,” or “we”). We welcome you to the web site www.ScullyOil.com, and its associated pages (collectively, the “Site”). Scully Oil is an energy distributor and service station supplier.
Our postal address is:
Scully Oil, Inc.
Attention: Corporate Marketing
P.O.Box 398, 150 E. Flint St.
Lyndon Station, WI 53944-0398
We can be reached via e-mail at webmaster@ScullyOil.com or you can reach us by telephone at 608.666.2662.
The material provided on this Site is protected by law, including but not limited to, United States Copyright Law and international treaties. The contents of this Site are copyright © 2015, Scully Oil, Inc., with all rights reserved. Subject to the terms and conditions herein, a limited license is granted to you to display, use, and download the materials on this Site for your internal use only, provided you do not modify the materials and that you preserve all copyright and other proprietary notices contained in the materials. Except as stated above, none of the material on this Site may be copied, reproduced, distributed, published, downloaded, displayed, posted or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without the prior written permission of Scully Oil. This permission terminates automatically if you breach any of these terms or conditions, or upon the request of Scully Oil. Upon termination you must immediately destroy any downloaded and printed materials. You also can not “mirror” or “frame” any material contained on this Site. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, and various other regulations and statutes. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Scully Oil reserves all rights not expressly granted herein. Scully Oil may terminate this limited license for any reason.
The “Scully Oil®,” trademarks, service marks, and associated logos (collectively, the “Trademarks”) that are used and displayed on this Site are registered and unregistered trademarks of Scully Oil. Third party trademarks of others include, but are not limited to, names such as “Shell®,” “Spirit®,” and “BP®,” and their associated logos, which are the property of their respective owners, and are used on this Site by license from the owners. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site without the written permission of the Trademark owner. Scully Oil enforces its intellectual property rights to the fullest extent of the law. Scully Oil prohibits use of the Trademarks as a “hot” link to the Scully Oil Site unless establishment of such a link is approved in advance by Scully Oil in writing. Use of any of the Trademarks as meta-tags or embedded text on other web sites, for search engine subject matter marketing, or as a spoofed email address are also expressly prohibited.
THIS SITE AND THE INFORMATION PROVIDED HEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, SCULLY OIL DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. SCULLY OIL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, CONTENT, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE INFORMATION, CONTENT, OR MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SCULLY OIL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, HARM TO EQUIPMENT AND/OR PERSONAL INJURY OR DEATH, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE INFORMATION, CONTENT, OR MATERIALS ON THIS SITE, EVEN IF SCULLY OIL OR A SCULLY OIL AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THIS SITE OR THE INFORMATION, CONTENT, OR MATERIALS THEREIN RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF ANY ITEM, YOU ASSUME ANY AND ALL COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to comply with, and accept full responsibility for your compliance with all applicable laws.
Scully Oil has attempted to provide accurate information on the Site; however, Scully Oil does not assume, and shall have no responsibility for, the accuracy of the information on the Site. The information on this Site may include inaccuracies, such as technical errors, omissions, or typographical errors, etc. Scully Oil makes no commitment to update the materials or information on this Site; use of this Site is at your sole risk. Scully Oil may change the information on this Site at any time without notice to you.
Postings and Privacy
Scully Oil may provide links to other sites as a convenience, but Scully Oil accepts no responsibility for the content of such sites and the link should not be construed as an endorsement or affiliation.
Your receipt of an electronic or other form of confirmation does not signify our acceptance of an account application or other order, nor does it constitute confirmation of our offer of an account or an offer to sell. Scully Oil reserves the right at any time after receipt of your application or order to accept or decline for any reason.
Revision of the Term and Conditions of Use
Scully Oil may at any time revise this Site and these Terms and Conditions of Use by updating this posting. When we do, if you are a registered user or an account holder, we will notify you by e-mail. It is therefore very important that you make sure to notify us when your e-mail address changes. You may do so by contacting us at the address above. If you continue to use this Site after a revision to the Terms and Conditions of Use, you agree to be bound to the new agreement. If you do not wish to be bound to the new agreement, do not use the Site.
You may not use this Site to transmit unsolicited email. You may not transmit unsolicited email to this Site or to anyone whose email address includes the domain name used on this Site. You may not use our domain name as a pseudonymous return email address for any communications that you transmit from another location or through another service. You may not pretend to be someone else—or spoof their identity—when using this Site or any resources provided here.
Any and all claims or disputes relating to or arising from your use of this Site or the information, content, materials on the Site, and the services and products of Scully Oil, or the interpretation and enforcement of this agreement shall be governed by the laws of the State of Wisconsin, as it applies to a contract executed, delivered and performed solely in State, and without regard to any conflict of law provisions. Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, this Agreement shall be brought against either of the parties only in the courts of the State of Wisconsin, City of Mauston or, if it has or can acquire jurisdiction, in the United States District Court, and you and Scully Oil consent to the exclusive jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to venue. Process in any action or proceeding referred to in the preceding sentence may be served anywhere in the world. Your use of the Site does not subject Scully Oil to any judicial process or to the jurisdiction or venue of any courts or tribunals other than those identified above, including without limitation, those in your jurisdiction or location.
This agreement is between you and Scully Oil. There are no third party beneficiaries.
You and Scully Oil agree that the Uniform Computer Transactions Act or any version thereof, adopted by any state, in any form (“UCITA”), shall not apply to this agreement. To the extent that UCITA is applicable, the parties agree to opt out of the applicability of UCITA pursuant to the opt-out provision(s) contained therein.