Terms of Service

  1. Welcome to petroleumlistingplace.com (the “Website”).
    As a visitor to this Website, as defined below, Petroleum Listing Place, LLC ("PLP") provides its services to you subject to the following Terms of Service ("TOS"), whether or not you have formally registered as a buyer or seller. This TOS shall govern your use of the website at petroleumlistingplace.com (hereinafter referred to as the "Website") and all content, data and materials available or generated on the Website (collectively referred to as "Content").  We may update this TOS from time to time. You can review the most current version of the TOS at any time by returning to this page. We may modify this TOS from time to time without notice to you. Please check this website frequently for the most up-to-date terms.

    PLEASE READ THESE TERMS OF SERVICE CAREFULLY. Access to, and use of, this Website are subject to the TOS, as well as the Privacy Policy, any buyer or seller user agreement with PLP to which you may be a party, and all applicable laws and regulations. If you have registered as a buyer or seller or are just visiting, your use of this Website forms a legally binding contract. You are only authorized to access this Website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, this TOS, the Privacy Policy and any buyer or seller user agreement with PLP to which you may be a party. Please read this TOS carefully. If you do not agree with all terms and conditions contained herein, you should leave this website immediately.

  2. Our Service.
    The purpose of the Website is to act as a venue for connecting sellers and buyers of petroleum related assets. PLP may provide registered access to the Website in order for buyers and sellers to create, post or otherwise access or offer listings for petroleum related assets on the Website, including descriptions, data, supporting documentation, pictures and any other information and content associated therewith that is posted, uploaded to or otherwise provided or offered by sellers on the Website regarding the same (“Listings”).  Such access may be referred to herein as the “Service”.  PLP is not involved in the buying or selling of the assets described in the Listings, which must be achieved through direct contact between buyers and sellers.

  3. Information on the Website.
    PLP does not in any way verify or certify any of the information on the Website, or in any emails or correspondence from registered buyers or sellers or others using the Website. 

    Users of this Website are solely responsible for the content of the information provided during the sign up or listing process. PLP is not involved in the actual transaction between buyers and sellers and therefore, has no control over the quality, safety, completeness, accuracy or legality of the Listings on the Website, the truth or accuracy of the Listings, the ability of sellers to sell or the ability of buyers to buy assets and properties listed on the Website. Users are responsible for verifying the accuracy of such information as part of the negotiations with the buyer or seller. PLP does not provide legal or professional advice. Users should consult with their own legal advisor and seek independent professional advice for assistance in the transfer of properties that are the subject of any Listing. 

    PLP is not involved in the buying or selling of assets and properties that are the subject of any Listing. Buyers must contact the seller directly. 

    PLP does not claim ownership of the individual Listings posted to the Website; however, among other assets and claims, PLP claims ownership of the collection of information associated with the Listings provided on the Website.  By submitting your information you are granting PLP the non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free right to publish and publicly display the information you provide to the Website, including all Listings that you provide. 

    PLP may, at its sole discretion, and without notice, remove any Listing, Content and any information and content from the Website.

    Any legal information contained herein is not to be construed as legal advice and is provided for informational purposes only.  Interested parties and investors seeking legal advice should consult a lawyer.

  4. Modifications to Service.
    PLP reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service or the Website (or any part of it) with or without notice. In the event of a modification or discontinuance of service, all information submitted by you and others may be lost. You agree to keep a permanent record of all information provided to PLP, and you agree that all information submitted to PLP is at your sole risk. You agree that PLP has no responsibility or liability for the deletion or failure to store any Listing or Content maintained, accessed or transmitted at or to the Website.

    You agree that PLP shall not be liable to you or to any other party for any modification, suspension or discontinuance of the Service or the Website.

  5. Your Information.
    You must be at least 18 years of age to access the Website.

  6. No Resale of Service, Content or Website.
    You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, Content or Website.

  7. Your Responsibility.
    You understand and agree that all Content whether publicly posted or privately transmitted by you and other users at or through the Website, are the sole responsibility of the person from which such Content originated.

    PLP does not control the Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will PLP be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted at or through the Website or via the Service.

    You agree that you will not access the Website or otherwise use the Service so as to violate the law, to misuse the proprietary information or property of others, or to make publications which are threatening or defamatory or otherwise injurious to the safety, business or reputation of others. Without limiting the generality of the foregoing, you also agree not to do any of the following:

    1. Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 

    2. Impersonate any person or entity, including, but not limited to, a PLP official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; 

    3. Upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);

    4. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;

    5. Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 

    6. Collect or store personal data about other users;

    7. Access the Service for the purpose of data mining or extracting content from the Service beyond your personal end use.

    8. Harm minors in any way;

    9. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

    10. Stalk or otherwise harass another; or

    11. Engage in deceptive marketing or advertising practices.

  8. Use of Content.
    You will not modify, reproduce, copy, sell, resell, rent, loan, distribute or create derivative works of or based on any portion of the Website or any Service or services provided or accessed at the Website. Prior to signing up as a registered buyer and/or seller, you agree not to use the Website or Service except for the express purpose of determining whether you want to sign up as a registered buyer and/or seller. You will not take any action that undermines the security or integrity of the Website or Service or services provided or accessed at the Website.

    You agree not to access the Service by any means other than through the interface that is provided by PLP for use in accessing the same.
     
  9. PLP's Proprietary Rights.
    You acknowledge and agree that the Website and all Content made available thereon is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws.  Unless otherwise noted herein or on the Website, all right, title, and interest, including copyrights, patents, trademarks, trade secrets and confidential information, collections of information on the Website, and all other intellectual property rights, in the Content and Website (in both print and machine-readable forms) belong to PLP in the U.S. and/or other countries.  PLP’s trademarks and trade dress may not be used, including as part of trademarks or as part of domain names or email addresses, in connection with any product or service without specific written permission and may not be used in any manner that is likely to cause confusion.

    Sellers, third-party providers and other entities have trademarks that may be used in the course of PLP’s business and may appear on the Website.  These trademarks are the property of their respective owners.
  10. PLP Privacy Policy.
    Your personal information is subject to our Privacy Policy. For more information, please see our full privacy policy by clicking here. PLP does not guarantee that its security procedures will prevent loss, alteration or improper access to data or other content that is part of the Website.

  11. Representations and Warranties and Disclaimers.
    PLP has no control over the Listings on the Website and PLP makes no representation, warranty, covenant or guarantee regarding the same.  YOU UNCONDITIONALLY ACKNOWLEDGE AND AGREE PLP MAKES NO WARRANTIES, REPRESENTATIONS, OR COVENANTS, WHETHER EXPRESS OR IMPLIED, CONCERNING THE WEBSITE, THE SERVICE OR THE CONTENT.  PLP HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS OR COVENANTS WHATSOEVER, WHETHER EXPRESS OR IMPLIED AND WHETHER ARISING BY LAW, IN TORT OR OTHERWISE INCLUDING THOSE IN ANY WAY RELATING TO, ARISING OUT OF, OR CONCERNING: (i) THE CONDITION, SERVICEABILITY, DESCRIPTION, MERCHANTABILITY, QUALITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF SUCH CONTENT, WEBSITE OR THE SERVICE; (ii) THE VALUE, CONDITION, OR DESIGN OF SUCH CONTENT, WEBSITE OR THE SERVICE; (iii) FREEDOM FROM INFRINGEMENT OF PATENT OR OTHER PROPRIETARY RIGHTS AND FREEDOM FROM CLAIMS OF MISAPPROPRIATION; (iv) COMPLIANCE WITH SPECIFICATIONS, REGULATIONS, RULES, STANDARDS, LEGAL REQUIREMENTS, DURABILITY, PERFORMANCE, OPERATION, REPAIRS OR MAINTENANCE; (v) THE QUALITY OF MATERIALS OR WORKMANSHIP; (vi) THE ABSENCE OF PATENT OR LATENT DEFECTS (WHETHER DISCOVERABLE OR NOT) IN SUCH CONTENT, WEBSITE OR THE SERVICE; (vii) THE WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS, (viii) THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (x) THE RESULTS, CONTENT OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR (xi) ANY OTHER MATTER WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE CONTENT, WEBSITE OR THE SERVICE, INCLUDING, WITHOUT LIMITATION, WARRANTIES, REPRESENTATIONS OR COVENANTS ARISING OUT OF CUSTOMARY TRADE USAGE OR PRIOR COURSE OF DEALING AND WHETHER ARISING IN CONTRACT OR TORT, AND WHETHER ARISING BY REFERENCE TO NEGLIGENCE OR STRICT LIABILITY OF PLP.  

  12. Indemnity.
    You expressly agree that your use of the Website, Service and Content is at your sole risk.    You agree to defend, indemnify and hold harmless PLP, and its subsidiaries, affiliates, directors, officers, agents, third party contractors and employees, from all loss, harm, damages, costs, expenses and liabilities, and any claim or demand or any kind, including reasonable attorney's fees due to or arising out of (i) Content you receive, submit, post to or transmit on or through the Website, (ii) your use of the Website or Service, (iii)  your violation of the TOS, (iv) your failure to live up to your obligations set forth in a formal written agreement between you and a buyer or seller, as the case may be, regarding a Listing, (v) your violation of any rights of another person, or (vi) due to or arising from such activities carried out by a person using your account or password, with your knowledge.

  13. Limitation of Liability.
    YOU HEREBY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL PLP OR ANY OF ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE TO YOU IN CONTRACT, IN TORT OR UNDER ANY OTHER LEGAL THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR SIMILAR DAMAGES ARISING OUT OF YOUR USE OF OR YOUR INABILITY TO USE THE WEBSITE OR THE SERVICE, WHETHER OR NOT PLP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  In the event applicable law does not allow for the limitation or exclusion of liability for incidental or consequential damages, you hereby agree that in no event shall PLP’s total liability to you exceed the amount paid by you to PLP for accessing and/or using the Website.

  14. Choice of Law.
    The TOS shall be governed by the laws of the state of Oklahoma, without giving effect to any principles of conflicts of laws.  You agree to submit to the exclusive jurisdiction over all disputes hereunder under an appropriate state or federal court located in Tulsa County, state of Oklahoma.  The failure of PLP to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or related to your use of the Website, Service or the TOS must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

  15. Modifications to Service.
    PLP reserves the right at any time, with or without notice, to modify, discontinue (permanently or temporarily) the Website and the Service provided by PLP hereunder.  In the event of modification or discontinuance, any Listing or other information provided by you may be lost.  You agree to keep a permanent record of all information provided by you to PLP and you agree that all information submitted to PLP is at your own risk.  You agree that PLP has no responsibility for the deletion or failure to store information maintained at or transmitted to the Website, including without limitation messages and other communications.  You agree that PLP shall not be responsible to you for an interruption or modification of the Website or the Service.

  16. Access, Modifications, Discontinuance and Termination.
    PLP shall have the right in its sole discretion to refuse to grant access to you or to cancel your access to the Website at any time without notice.  PLP reserves the right at any time, without notice, to modify, discontinue (permanently or temporarily) the Website, the Service and any other services provided by PLP hereunder.  In the event of modification or discontinuance, any Listing or other information provided by you may be lost.  You agree that PLP shall not be responsible to you for any modification of the Website or the interruption of any service offered at the Website.  You agree to keep a permanent record of all information provided by you to PLP and you agree that all information submitted to PLP is at your own risk.  You agree that PLP has no responsibility for the deletion or failure to store information maintained at, accessible at or transmitted to the Website, including, without limitation, messages, saved files, spreadsheets, prospective purchases, and other communications.

  17. Links.
    The Website may provide, or third parties may provide, links to other World Wide Web sites or resources. PLP has no control over such sites and resources, and you acknowledge and agree that PLP is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that PLP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

  18. Access from Other Jurisdictions.
    Accessing the Website is prohibited from territories where the Content or Website is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

    By using the Services, you consent to receive from PLP all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, "Contract Notices") electronically.

  19. Section Titles.
    The section titles in this TOS are for convenience only and have no legal or contractual effect.