DR Lubricants, Inc. Website
By accessing or using DR Lubricants, Inc.’s (sometimes referred to as “we”, “us”, or “our”) website (“Site”), you and the organization you are authorized to represent agree to our terms of service.
DR Lubricants, Inc. grants you (“you”, “user”, or “customer”) access to the www.drlubricants.com Site for purposes of accessing information about our company, products and services or to make or facilitate a purchase of our products.
DR Lubricants, Inc. may terminate a user’s access at any time without notice and for any reason we deem necessary or appropriate. User is solely responsible for the maintenance and confidentiality of their own account number and access. User shall notify DR Lubricants, Inc. immediately if their account has been breached or used in an unauthorized manner or transaction. Users under the age of 18 are not permitted to use our Site without the supervision of a parent or guardian.
No user of this Site may tamper or modify any data, software or functionality of this Site in any manner or capacity for any reason.
Access and Use of Site
DR Lubricants, Inc. has made every effort to verify the accuracy of the data on this Site but does not guarantee or warrant the data is free of errors, inaccuracies or omissions. All information or content presented is for convenience only and is provided “As-Is” with no warranties implied or expressed.
Images displayed on the Site are representational only and may not reflect the actual product itself. The Site may contain links to other sites that have no affiliation with DR Lubricants, Inc. beyond that of informational references. The content supplied by such other sites is not verified for authenticity or warrantied for accuracy by DR Lubricants, Inc.; users shall use all links at their own discretion. Subject to user’s compliance with these Terms of Service, DR Lubricants, Inc. and any affiliate content providers herein grant user a limited, non-exclusive and non-transferrable license to access Site information for the purpose of making informed purchasing decisions and transactional purchases.
If the user is a business entity, organization, unincorporated association, or partnership of any type (“Entity”), user confirms they are an authorized representative of the Entity for which they are accessing the Site for informational or commercial purposes.
User shall not gain access, attempt to gain access to any portion of the Site or any systems or networks connected to the Site by hacking, password mining, or other illegitimate or unlawful means. User shall not modify or copy all or any portion of the Site without the prior written consent of DR Lubricants, Inc. User shall not collect data, information, or passwords regarding related to any other persons using the or accessing the Site.
Conditions and Terms of Sale
All pricing is subject to change without notice and is subject to DR Lubricants, Inc.’s standard terms and conditions in effect at the time of shipment. Prices shown on the Site do not include shipping costs or any applicable taxes.
Products are sold for commercial application and use only and are not intended for consumer use.
Copyright & Trademark
All content including name(s), text, pictures, product names, model numbers, graphics, artwork, logos, trade/service marks are property of DR Lubricants, Inc. and may not be copied or used in any manner without the express prior written permission from DR Lubricants, Inc. Any trademarks that appear in the Site that are not owned by DR Lubricants, Inc. are the property of their respective owners.
Confidentiality
All pricing, inventory and product information are consider confidential and proprietary to DR Lubricants, Inc. and user shall use such information only for making a purchase or evaluating a future business relationship.
Dispute Resolution; Venue and Jurisdiction
Collection actions by DR Lubricants, Inc. for nonpayment of product sold or services performed by DR Lubricants, Inc. through this Site or otherwise, or for breach of the Terms of Service conditions set forth herein, may be brought by DR Lubricants, Inc. before any judicial court of competent jurisdiction, including the state courts located within Allen County, Indiana or the Federal District Court for the Northern District of Indiana, Fort Wayne Division and user irrevocably waives any immunity, defense, motion or objection from the personal jurisdiction of any such court or from any legal process therein. At DR Lubricants, Inc.’s discretion, disputes between the Customer and DR Lubricants, Inc., including all claims of non-performance by DR Lubricants, Inc., shall be finally settled by arbitration in Fort Wayne, Indiana under the rules of the American Arbitration Association The terms and conditions set forth herein shall be governed by and apply the internal laws of Indiana, without regards to its laws of conflicts. Any cause of action by user to breach this Terms of Service shall be forever barred unless brought within one (1) year of the accrual of such cause of action.
Indemnity
User agrees to indemnify and hold DR Lubricants, Inc. and its subsidiaries, affiliates, officers, owners, agents or other parties and employees, harmless from any and all claims, demands, costs or expenses, including reasonable attorney fees, due to or arising out of user’s use of the Site, any data provided by the user to the Site, user’s use of any links located on the Site, user’s connection to the Site or user’s violation of these Terms of Service or the violation of the rights of another person or entity related to user’s accessing or use of the Site, Site content, Site information, or links on the Site. User further agrees to indemnify and hold DR Lubricants, Inc. harmless from and against any and all claims, losses, liabilities, damages, costs and expenses, including reasonable attorney fees, resulting from the connection to or interface of the Site with any e-commerce application selected, used or operated by user.
Entire Agreement
These Terms of Service constitute the entire agreement between user and DR Lubricants, Inc. concerning use of the Site, except to the extent that other contracts, terms, agreements, services and conditions that are expressly referred to herein, and it supersedes all other prior statements, references, communications and documents and supersede any and all prior agreements, whether oral or written.
Waiver
If any part of these Terms of Service shall be declared illegal, void, or unenforceable by a court of competent jurisdiction, then the remaining provisions shall continue in full force and effect.
DISCLAIMER OF LIABILITY AND WARRANTIES; LIMITATION OF LIABILITY
THERE ARE NO WARRANTIES, REPRESENTATIONS, PROMISES OR ASSURANCES BY DR LUBRICANTS, INC., EITHER EXPRESS OR IMPLIED, WHETHER BY LAW, CUSTOM, PREVIOUS TRANSACTION OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, AGAINST INFRINGEMENT, WORKMANSHIP, OR ANY GUARANTEES OR ASSURANCES OF COST SAVINGS, PROFITABILITY, INVESTMENT RETURN OR OTHER VALUE WITH REGARD TO CONTENT AND INFORMATION ON THE SITE, OR ANY LINKS ON THE SITE, AND NO LIABILITY SHALL EXIST, WHETHER BY NEGLIGENCE, STRICT LIABILITY, TORT OR ANY OTHER CAUSE OR ACTION, FOR DR LUBRICANTS, INC. ARISING FROM OR IN ANY WAY CONNECTED TO USER’S USE OF THE SITE, CONTENT AND INFORMATION ON THE SITE, OR LINKS ON THE SITE. IN NO EVENT SHALL DR LUBRICANTS, INC. BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR ANY OTHER TYPE OF DAMAGE WHICH MAY BE CAUSED IN WHOLE OR IN PART BY USER’S USE OF THE SITE, CONTENT AND INFORMATION ON THE SITE, LINKS ON THE SITE, OR ANY VIRUSES OR OTHER MALICIOUS CODE THAT MAY BE PRESENT IN THE SITE, INCLUDING, BUT NOT LIMITED TO, THE LOSS OF REVENUE OR ANTICIPATED PROFITS OR COST, BUSINESS, PROPERTY DAMAGE OR DESTRUCTION, PERSONAL INJURY OR DEATH, OR DAMAGE OR DESTRUCTION TO EQUIPMENT, COMPUTERS, SERVERS, OR DATA. YOUR SOLE REMEDY IN SUCH EVENTS SHALL BE TO CEASE USING THE SITE.