www.heatingoildeals.com is a registered domain of Tailwind Strategies Inc.
The use of this www.heatingoildeals.com Web site (the "Web site") is offered to you, conditioned on your acceptance without modification of the terms, conditions, and agreements contained in this Agreement (“Agreement”). Your use of this Web site constitutes your agreement to and acceptance of all such terms, conditions, and agreements, and to this Agreement as a whole; and you agree that such acceptance of this Agreement is intended by you as the legal equivalent of a signed written document.
1. PERSONAL AND NONCOMMERCIAL USE LIMITATION
This Web site is for your personal and noncommercial use. The content and information on this Web site ), as well as the infrastructure used to provide such content and information, is proprietary to Tailwind Strategies Inc. (“Tailwind Strategies”) or the independent heating oil suppliers/dealers listed on this Web site (the “dealers”). Accordingly, as a condition of your using this Web site, you agree not to use this Web site or its contents or information for any commercial or non-personal purpose (direct or indirect). While you may make copies of the customer contact information from your Tailwind Strategies account you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Web site. In addition, you agree not to:
(i) Access, monitor or copy any content or information of this Web site using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of Tailwind Strategies;
(ii) Violate the restrictions in any robot exclusion headers on this Web site or bypass or circumvent other measures employed to prevent or limit access to this Web site;
(iii) Take any action that imposes, or may impose, in the discretion of Tailwind Strategies, an unreasonable or disproportionately large load on the Tailwind Strategies infrastructure; or
(iv) Deep-link to any portion of this Web site for any purpose Without express written permission of Tailwind Strategies.
2. INTELLECTUAL PROPERTY RIGHTS, COPYRIGHT AND TRADEMARK NOTICES
This Web site and its content are the exclusive property of Tailwind Strategies Inc. (Tailwind Strategies), and nothing in this Web site or this Agreement shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. All software used on this site is the exclusive property of Tailwind Strategies or its software suppliers. This Web site, and all content and software are protected by contract law, and by United States and international intellectual property laws, including copyright laws. Except as permitted in this Agreement, you may not copy, adapt, distribute or publicly display this Web site or any portion thereof in any manner whatsoever. You may not remove, alter or obscure any copyright, legal or proprietary notice in or on any portion of this Web site. The Tailwind Strategies, Tailwind Strategies.com, heatingoildeals.com logos, and all other logos used in connection with this Web site are trademarks of Tailwind Strategies and may not be used without its express written permission. Other product and company names mentioned herein may be the trademarks of their respective owners.
3. WWW.HEATINGOILDEALS.COM IS ONLY A VENUE; DISCLAIMER OF LIABILITY
TAILWIND STRATEGIES WEBSITE (HEATINGOILDEALS.COM) ACTS SOLELY AS A VENUE FOR YOU, OUR CUSTOMERS, AND THE DEALERS OF HEATING OIL AND SERVICES WHO HAVE INTRODUCTIONS FROM OUR WEB SITE. OUR BUSINESS IS TO PROVIDE CONSUMERS WITH INTRODUCTIONS TO DEALER COMPANIES TO SERVICE THEIR HEATING OIL NEEDS, THE ACTUAL TRANSACTIONS OCCUR BETWEEN CONSUMERS AND DEALERS THEMSELVES. TAILWIND STRATEGIES DOES NOT TAKE POSSESSION OF OR TITLE TO, AND DOES NOT SELL, THE HEATING OIL SOLD AND DELIVERED TO YOU BY THE INDEPENDENT DEALERS.
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, TAILWIND STRATEGIES DOES NOT WARRANTY OR GUARANTEE THE ACCURACY OF, AND EXPRESSLY DISCLAIMS RESPONSIBILITY AND LIABILITY FOR ANY INACCURACIES RELATING TO THE INFORMATION WHICH IS PROVIDED BY THE RESPECTIVE DEALERS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TAILWIND STRATEGIES, AND/OR ITS DEALER MEMBERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEB SITE AT ANY TIME.
TAILWIND STRATEGIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, PRODUCTS, DEALERS AND SERVICES CONTAINED ON THIS WEB SITE OR SPECIFICALLY, TAILWIND STRATEGIES MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES ORDERED FROM DEALERS THROUGH THIS WEB SITE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS WEB SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY TAILWIND STRATEGIES. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY BY TAILWIND STRATEGIES OF ANY KIND.
THE SUPPLIERS/DEALERS USING THIS WEBSITE, AND SELLING HEATING OIL AND SERVICES, ARE INDEPENDENT CONTRACTORS AND ARE NOT AGENTS, EMPLOYEES OR PARTNERS OF TAILWIND STRATEGIES. TAILWIND STRATEGIES IS NOT LIABLE, AND YOU EXPRESSLY AGREE THAT TAILWIND STRATEGIES IS NOT LIABLE, FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH DEALERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES, COSTS OR EXPENSES RESULTING THEREFROM, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING FROM ANY FAILURE OR INABILITY TO MAKE A DELIVERY OR ANY ENVIRONMENTAL DAMAGES OR CLEAN UP COSTS ARISING FROM ANY OIL LEAKS, SPILLS OR RELEASES, WHETHER CAUSED BY A LEAK IN A TANK OR OIL LINE, A TANK OVERFILL, OR OTHERWISE.
IN NO EVENT SHALL TAILWIND STRATEGIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, EVEN IF TAILWIND STRATEGIES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend and indemnify Tailwind Strategies and its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by (i) You or on your behalf in violation of the Disclaimer of Liability contained in paragraph 3 above; or (ii) By third parties as a result of
(a) Your breach of this Agreement, or any documents referenced herein;
(b) Your violation of any law or the rights of a third party; or
(c) Your use of this Web site.
5. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web site, you warrant that you will not use this Web site for any purpose that is unlawful or prohibited by this Agreement, or by the terms and conditions, herein.
6. LINKS TO THIRD-PARTY SITES
This Web site may contain hyperlinks to Web sites operated by parties other than Tailwind Strategies. Such hyperlinks are provided for your reference only. Tailwind Strategies does not control such Web sites and is not responsible for their contents or your use of them. Tailwind Strategies’s inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
7. MODIFICATION OF THESE TERMS AND CONDITIONS
Tailwind Strategies reserves the right to modify, amend or change the terms, conditions, and notices under which this Web site is offered and you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of Tailwind Strategies Websites.
8. DELAYS IN SERVICES
Tailwind Strategies shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions in service due to electronic or mechanical equipment failures, telephone interconnect problems, computer viruses, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or to other like causes. Tailwind Strategies shall have no responsibility to provide you access to the Tailwind Strategies Web site while interruption of the Web site due to any such cause shall continue.
This Agreement and your account with Tailwind Strategies, shall remain in full force and effect unless terminated or canceled in the following manner for any of the following reasons:
(a) Upon thirty (30) days written notice (including notice by electronic mail) by Tailwind Strategies of its intent or terminate this Agreement;
(b) Immediately by Tailwind Strategies for any unauthorized or unlawful access or use by you or other breach or default by you of any other term or condition of this Agreement, and Tailwind Strategies reserves the right to refuse service,and terminate accounts in such event.
Termination or cancellation of this Agreement shall not affect any right or relief to which Tailwind Strategies may be entitled, at law or in equity. Tailwind Strategies reserves the right to change this agreement from time to time.
10. NO CONFLICTING TERMS.
If there is any conflict between this Agreement and your purchase order, or other documents, this Agreement shall govern, whether such order or other document is prior to or subsequent to this Agreement, or is signed or acknowledged by any director, officer, employee, representative or agent of Tailwind Strategies.
Additionally, your dealer may have its own terms and conditions, and/or agreement, that governs your relationship with the dealer. Those terms and conditions, and/or agreement, do not apply to the relationship between Tailwind Strategies and you.
11. ATTORNEY’S FEES.
If Tailwind Strategies takes action (by itself or through its representatives) to enforce any of the provisions of this Agreement, including collection of any amounts due hereunder, Tailwind Strategies shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney’s fees and any costs of any litigation.
This agreement is governed by the laws of the Commonwealth of Massachusetts, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Middlesex County, Massachusetts, USA, in all disputes arising out of or relating to the use of this Web site, and all claims and causes of action arising from or relating to your use of this Web site may only be brought in such courts. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Tailwind Strategies as a result of this agreement or use of this Web site.
Tailwind Strategies’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Tailwind Strategies’s right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by Tailwind Strategies with respect to such use.
To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Tailwind Strategies Web site must be instituted within one (1) year from the date upon which such claim or cause arose or was accrued.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and this Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the customer and Tailwind Strategies with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Tailwind Strategies with respect to this Web site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted by Tailwind Strategies herein are reserved.