PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE OR PLACING AN ORDER. THESE TERMS AND CONDITIONS APPLY TO ALL PURCHASERS OF LUCAS OIL CENTER PRODUCTS AND ALL USERS OF THE LUCAS OIL CENTER WEBSITE.
THESE TERMS AND CONDITIONS ONLY GOVERN OUR WEBSTORE AND DO NOT GOVERN ANY SERVICES RECEIVED AT OUR SERVICE LOCATIONS. IF YOU HAVE ANY QUESTIONS OR ISSUES WITH A SERVICE, PLEASE CONTACT US AT (812) 402-5000 OR BY EMAIL AT INFO@LUCASOILCENTER.COM.
Welcome to LucasOilCenter.com and GetLucasOil.com (the “Website”). This Website is operated by Lucas Oil Center, 2650 N. Green River Road, Evansville, Indiana, USA, 47715. The term “Lucas Oil Center” or “us” or “we” or “our” refers to Lucas Oil Center. The term “you” or “your” refers to the user or viewer of the Website. Please take a few minutes to carefully review these Terms and Conditions. Your use of the Website or your placement of an order constitutes your unconditional agreement to follow these Terms and Conditions and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use the Website or place an order. By using the Website or placing an order, you also represent and warrant that you are at least 18 years of age.
We reserve the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Website or placement of an order following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. We encourage you to review these Terms and Conditions whenever you use the Website or place an order. In the event that we offer any awards, promotions or contests, you agree that you are subject to any additional posted terms or rules applicable to these activities, which are hereby incorporated by reference into these Terms and Conditions.
We may take any steps that we believe necessary or appropriate to enforce these Terms and Conditions, including without limitation termination of your access to the Website at any time and for any reason, without notice. We reserve the right to modify or discontinue the Website at any time without notice to you, and we will have no liability to you if we do so. You acknowledge that your use of the Website will not be uninterrupted or error-free, and that we do not guarantee continuous or secure access to the Website.
RELIANCE ON INFORMATION PROVIDED
The information presented on the Website is made available solely for general information purposes. We do not warrant that such information is complete, current, or error-free. Any reliance you place on such information is strictly at your own risk, and we disclaim all liability arising from such reliance. The Website includes content provided by third party vendors, and all such content is the responsibility of the person or entity providing such content. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability.
INTELLECTUAL PROPERTY
Lucas Oil Center has permission and is legally licensed to use the Lucas Oil brand. Lucas Oil Center (or third parties providing material through the Website) retains all copyright, trademark and other intellectual property and proprietary rights in the Website and, including without limitation all contents, features, functionality, text, displays, images, video, audio and the design, selection and arrangement thereof. The copying, redistribution, modification, use or publication by you of any part of the Website is strictly prohibited. You may not use any trademarks or service marks shown on the Website or in the without the prior written consent of Lucas Oil Center. Lucas Oil does make available to customers their product images and information from their website and can be acquired from that website (LucasOil.com). You do not acquire ownership rights to any content, document or other materials viewed through our Website. You may only use such materials for private purposes and not for commercial purposes. The posting or publication of materials on the Website does not constitute a waiver of any right in such materials. You may not remove any copyright, trademark or other proprietary notices from such materials.
OTHER POLICIES
Your use of the Website (including information we collect on this Website) is also subject to our Privacy Policy (LucasOilCenter.com/privacy-policy), Return Policy (LucasOilCenter.com/returns-refunds), Terms & Conditions (LucasOilCenter.com/terms-conditions), and Shipping Policy (LucasOilCenter.com/shipping-policy). Such other policies are hereby incorporated by reference and shall be considered an integral part of these Terms and Conditions.
RULES OF CONDUCT
While using the Website or placing an order, you agree to comply with all applicable laws, rules and regulations. In addition, your use of the Website is conditioned on your compliance with the rules of conduct set forth in these Terms and Conditions. Failure to comply may result in termination of your access to the Website.
You agree not to:
- Use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation privacy rights or rights of publicity, and laws regarding the export of data or software to and from the US or other countries, or to harvest or collect information from or about users of the Website.
- Post, transmit or otherwise make available through or in connection with the Website or any order:
- any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious, or likely to deceive any person; or (d) obscene, indecent, pornographic or otherwise objectionable;
- collect, harvest or post anyone else’s private information, including personally identifiable information (whether in text, image or video form), identification documents or other information through the website
- any information or materials that are or may be, or the posting, transmission or use of which is or may be, protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right;
- any material that would give rise to criminal or civil liability or encourage illegal activities;
- any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with or disrupt the operation of, or monitor the use of, any hardware, software or equipment; or
- any unsolicited or unauthorized advertisements, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation that is not expressly approved by us in writing in advance;
- Use the Website for any fraudulent or unlawful purpose or in violation of these Terms and Conditions or to engage in any act that we deem to be in conflict with the spirit or intent of the Website, including but not limited to circumventing or manipulating these Terms and Conditions or any policies.
- Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website; or express or imply that we endorse any statement you make.
- Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks.
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website.
- Create a database by downloading and storing Website content.
- Use any robot, spider, or other manual or automatic device to retrieve, index, or in any way gather Website content or reproduce or circumvent the navigational structure or presentation of the Website without our express prior written consent.
If we are made aware of any information or materials posted, transmitted or otherwise made available through or in connection with the Website that may be a violation of any law, regulation or right of a third party, or a violation of these Terms and Conditions, we have the right, but not the obligation, to remove or disable access to the respective information or materials.
HARASSMENT POLICY
Lucas Oil Center takes all claims of harassment, whether online or on the phone, very seriously. This includes but is not limited to bullying, verbal harassment, physical threats, or stalking. If Lucas Oil Center feels that this policy has been violated, we reserve the right to refuse service to anyone who displays aggressive, inappropriate, or unacceptable behavior.
REGISTRATION: USER NAMES AND PASSWORDS
From time to time, certain sections of the Website may be restricted to registered users. When a registration procedure applies, you may be required to register with Lucas Oil Center in order to access certain areas of the Website. You agree that all Information you provide will be correct, current and complete. We may refuse any registration for any reason. If a password is required for any purpose, you are responsible for maintaining the confidentiality of any password you may use to access the Website, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Website, to any third party.
You are responsible for all transactions (including any information transmitted in connection with any transactions) and other interactions with the Website that occur in connection with your user name. You agree to immediately notify us of any unauthorized use of your password or user name or any other breach of security related to your account, your user name or the Website.
We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
USER CONTRIBUTIONS
The Website may contain message board, chat rooms, forums, commenting or review features, and other interactive features that allow users to post, submit, publish, display or transmit to other users content or materials (collectively, “User Contributions”) on the Website. Any User Contribution you post will be considered non-confidential and non-proprietary, and you grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material. You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant this license to us, that your User Contributions do not Infringe any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any other person, and that all of your User Contributions do and will comply with these Terms and Conditions. You acknowledge that you are responsible for the legality and accuracy of all User Contributions. We have the right to remove or refuse to post any User Contributions in our sole discretion; take any action with respect to any User Contribution that we deem appropriate in our sole discretion; and disclose your identity or other Information about you to any third party who claims that material posted by you violates their rights. We do not undertake to review User Contributions before posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. We assume no liability for any action or Inaction regarding User Contributions.
THIRD-PARTY LINKS
The website contains links to third party websites, including links contained in advertisements. These links are provided solely as a convenience and not as an endorsement of the contents on such third-party websites. Lucas Oil Center is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you access linked third party websites, you do so at your own risk.
LINKING TO THE WEBSITE
You may link to our homepage and product pages, provided that you do so in a way that does not damage our reputation, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. You may not link to any part of the Website that cause the Website to be displayed by framing, deep linking or In-line linking on any other site.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Lucas Oil Center from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to (1) use of or inability to use the Website, or any items purchased through the Website, including without limitation personal injury or property damage; (2) your breach of these Terms and Conditions; and (3) any claims brought relating to information submitted or obtained by you, and actions or failures to act by you or in any way relating to your conduct with any other user.
GEOGRAPHIC RESTRICTIONS
The owner of the Website is based in the state of Indiana in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
APPLICABLE LAW & VENUE; LIMITATIONS
By visiting the Website or placing an order, you agree that the laws of the State of Indiana, without regard to principles of conflicts of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Lucas Oil Center. Any litigation concerning such matters must be filed exclusively in Vanderburgh County, Indiana, within one (1) year after the claim has accrued or be forever barred. BOTH PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY. At Lucas Oil Center’s sole discretion, it may require you to submit any disputes arising from the use of the Website to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Indiana law.
FRAUDULENT ORDERS
If it is determined that an order made on our website is fraudulent or if we suspect that an order placed on our website is fraudulent, we reserve the right to cancel any order on our website. Customer will be notified, and order will be refunded back to the form of payment that was used. We also reserve the right to report any potentially fraudulent orders to the FBI’s Internet Crime Complaint Center (IC3) (https://www.ic3.gov/). All information provided on the order will be provided to law enforcement.
ORDER AND PAYMENT OPTIONS
Visa, Master Card, American Express, Discover are accepted. Cardholders must provide name, billing address, telephone number, card number, expiration date, and 3-digit CVV number.
Your web order may be cancelled and refunded prior to shipping. Orders can be cancelled up until the time of shipment. Once an order has been shipped, order cannot be cancelled.
SALES TAX
Lucas Oil Center only collects tax on items sold to customers in Indiana at this time. All other customers in other states are not charged sales tax. For Indiana customers, the final sales tax charged to your credit card will be calculated when your credit card charge is authorized and will reflect applicable state and local taxes. Sales tax for your order is based on state and local tax rates as well as the shipping and/or service location. Lucas Oil Center automatically estimates sales tax in the checkout form. All appropriate charges are added to your merchandise total and displayed for your review before checkout (tax displayed on this page may change if you decide to update your shipping address). Qualifying tax-exempt organizations must have a certified exemption form on file with Lucas Oil Center to qualify for tax exemption. To submit your tax-exempt form, please contact our sales team. If the exemption certificate is not provided at the time of purchase, we cannot refund any sales tax charged on your order. Lucas Oil Center does not charge sales tax when buying gift cards; all appropriate sales tax will be charged on the purchase when the gift card is used.
ITEM SUBSTITUTIONS
There may be times when, if a product is out of stock, customer will be offered a comparable item that equals the size of items purchased (i.e. if a 1 Gallon Bottle is purchased and is not available, customer will be offered four 1 Quart Bottles). Customer will always be contacted prior to substitution. Customer may be responsible for additional shipping charges for substitution.
PRODUCT UNAVAILABILITY
There may be times when a product is purchased from our website but is not immediately available. If a product is not available, the customer will be given the option to either wait until product is restocked, substituted for another item, or refunded to the card that was used to place the order.
PRICES
All prices are subject to change without notice.
RISK OF LOSS
The risk of loss and title for all items purchased from Lucas Oil Center pass to you upon our delivery to the customer.
DISCLAIMER OF WARRANTIES
ANY PRODUCTS PROVIDED BY LUCAS OIL CENTER INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU ARE PROVIDED BY LUCAS OIL CENTER ON AN “AS IS” AND “AS AVAILABLE” BASIS. LUCAS OIL CENTER MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND YOU EXPRESSLY AGREE THAT YOUR USE OF PRODUCTS PROVIDED BY LUCAS OIL CENTER IS AT YOUR SOLE RISK. EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AND/OR INDEMNITIES AGAINST INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS. TO THE FULLEST EXTENT PERMITTED BY LAW, LUCAS OIL CENTER DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE USE THEREOF. LUCAS OIL CENTER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE.
LIMITATION OF LIABILITY
REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION, WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHERWISE, LUCAS OIL CENTER SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF USE, AND COST OF CAPITAL. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WITH RESPECT TO ANY PURCHASES, LUCAS OIL CENTER’S LIABILITY SHALL IN NO EVENT EXCEED THE ORIGINAL PURCHASE PRICE OF THE SPECIFIC GOODS GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS OF LIABILITY REPRESENT THE ALLOCATION OF RISK BETWEEN THE PARTIES AS REFLECTED IN THE PRICING OF GOODS OFFERED BY LUCAS OIL CENTER, AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. IN NO EVENT SHALL LUCAS OIL CENTER, ITS AGENTS OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES) RESULTING FROM ANY (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR PURCHASED ITEMS, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT LUCAS OIL CENTER SHALL NOT BE LIABLE FOR YOUR SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE AGGREGATE LIABILITY FOR LUCAS OIL CENTER FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE WEBSITE IS LIMITED.
OTHER TERMS
Our acknowledgment of your order will be deemed to be your consent and agreement to these Terms and Conditions. Any additional or different terms appearing in printed forms or other communications we receive from you will not be binding upon Lucas Oil Center specifically agreed to in writing by Lucas Oil Center. No change to these Terms and Conditions will be effective unless signed in writing by Lucas Oil Center and the customer. Our failure to insist upon any terms stated herein will not be deemed a waiver of such terms. If any part of these Terms and Conditions is deemed by a court to be invalid or unenforceable, the remaining Terms and Conditions shall be binding and enforceable to the fullest extent provided by law. Except as specifically provided in a written agreement signed by an authorized representative of Lucas Oil Center, these Terms and Conditions, including the Privacy Policy and other policies referenced herein, constitute the entire Agreement between Lucas Oil Center and you.
CONTACT INFORMATION
To ask questions or comment about this policy and our any other practices, contact us at:
Lucas Oil Center Headquarters
2650 N. Green River Road
Evansville, IN 47715
Email: info@lucasoilcenter.com
Phone: (812) 402-5000