TERMS OF USE AGREEMENT BETWEEN USER AND ALLEGIANCE REFINING, LLC
PRIVACY POLICY
At Allegiance Refining, LLC ("Allegiance Refining" or "We"), user privacy is an important concern. We are committed to privacy and security, and to providing the best possible user experience for our users and online customers ("You"). We also strive to protect the personal and confidential information of those who use our online services. Click here for our entire Privacy Policy. This policy may be updated by us from time to time, so please check here frequently.
TERMS OF USE
Please read this agreement ("Agreement") carefully before accessing or using the Allegiance Refining website at www.allegiance-refining.com and any mobile applications offered by Allegiance Refining (Collectively the “Sites”). By accessing or using the Sites, you agree to be bound by this Agreement. Allegiance Refining provides the information and services on our Sites to you, the user, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Sites constitutes your agreement to all such terms, conditions, and notices.
The information and services offered on the Sites are provided with the understanding that neither Allegiance Refining nor its representatives are engaged in rendering legal services or other such advice. Your use of the Sites is subject to the additional disclaimers and notices that may appear throughout the Sites.
Allegiance Refining and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services, or other material on the Sites. While Allegiance Refining strives to keep the information on the Sites accurate, complete, and up-to-date, Allegiance Refining and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness, or timeliness of the information.
PROHIBITED USES
We may use the Sites to provide certain information about our operations (the "Information"). Allegiance Refining grants you access to the Sites during the term of this Agreement solely to receive the Information. You may access, download, print, copy and distribute materials as necessary to receive the Information. You may not license, create derivative works from, frame in another Web page, use on any other website, or sell any information, databases, or lists obtained from the Sites. When requested, you agree to provide true, accurate, and complete user information. You shall not access or attempt to access password-protected, secure, or non-public areas of the Sites without Allegiance Refining's prior written permission. You will comply with all privacy laws.
PROPRIETARY RIGHTS
All materials on the Sites (as well as the organization and layout of the Sites) are owned and copyrighted, licensed by, or used with permission that is granted to Allegiance Refining. No reproduction, distribution, or transmission of the copyrighted materials at the Sites is permitted without the prior written permission of Allegiance Refining.
YOUR ACCOUNT
If you use the Sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If your status as a user of the Sites is terminated, you will (i) immediately notify Allegiance Refining, (ii) cease using the Sites and any information obtained from the Sites, and (iii) destroy all copies of your account information, password and any information obtained from the Sites.
CONFIDENTIAL INFORMATION
You agree that you will not disclose Confidential Information to any person or entity outside of your organization. You will not use or permit the use of any Confidential Information except as necessary in connection with the services provided by or to Allegiance Refining or its affiliates. You shall use at least the same degree of care in safeguarding the Confidential Information as you use in safeguarding your own confidential information, but in no event shall you use less than due diligence and reasonable care. "Confidential Information" means all information or material which is (A) marked "Confidential," "Restricted," or other similar marking, (B) known by the parties to be considered confidential, or (C) which should be known or understood to be confidential or proprietary by an individual exercising reasonable judgment.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Sites, you warrant to Allegiance Refining that you will not use the Sites for any purpose that is unlawful or prohibited by these terms. If you violate any of these terms, your permission to use the Sites automatically terminates.
You may not without the prior written permission of Allegiance Refining use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm, or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on the Sites or accessed through the Sites.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITES AND THE INFORMATION OFFERED AT THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALLEGIANCE REFINING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALLEGIANCE REFINING SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITES OR INFORMATION; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE SITES OR THROUGH OR FROM THE INFORMATION; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; OR (v) ANY OTHER MATTER RELATING TO THE SITES OR THE INFORMATION.
LINKS TO THIRD-PARTY WEBSITES
The Sites may contain hyperlinks to websites operated by parties other than Allegiance Refining or its affiliates. Such hyperlinks are provided for your reference only. Allegiance Refining does not control such websites and is not responsible for their content. Inclusion of hyperlinks by Allegiance Refining to such websites does not imply any endorsement of the material on such websites or any association with their operators, and your access to and use of such websites, including information, material, products, and services therein, is solely at your own risk. Furthermore, because the Allegiance Refining privacy policy is applicable only when you are on our Sites, once linked to another website, you should read that website's privacy policy before disclosing any personal information.
USE OF SUBMISSIONS
You grant us the right to use, reproduce, modify, distribute, and display any material you supply or communicate to the Sites for the stated purposes of this Agreement and to authorize others to do so.
CHANGES TO SITES
Allegiance Refining may make improvements or changes in the information, services, products, and other materials on the Sites, or terminate the Sites at any time. Allegiance Refining may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of the Sites shall be deemed your acceptance of the modified Agreement.
MISCELLANEOUS
This Agreement and the resolution of any dispute related to this Agreement or the Sites shall be governed by and construed in accordance with the laws of Texas, without giving effect to any principles of conflicts of law. Failure by Allegiance Refining to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any legal action or proceeding between Allegiance Refining and you related to this Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Texas, County of Bexar. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.
Allegiance Refining and other logos, product and service names are trademarks and service marks owned by or licensed to Allegiance Refining or its affiliates (the "Marks"). Without the prior written permission of Allegiance Refining, or its appropriate affiliates, you agree not to display or use in any manner, the Marks.
All other trademarks are the property of their respective owners.
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