Legal Notices, Terms Of Use, And Privacy Policy

Last revised as of May 11, 2007.

Agreement to be Bound.

By accessing a site, continuing to access a site, or downloading materials from a site, you agree to abide by the terms of use described in this notice. If you do not agree to abide by these terms of use, do not use a site or download materials from a site.

General Information.

These are the legal notices and terms of use and the privacy policy that apply to the domain(s) below. We refer to the website(s) accessible through the domain(s) and all related websites as “sites” and to each of them as a “site.”

atlasoil.com

When we refer to “we,” “us,” or “our,” we mean Atlas Oil Company, a Michigan corporation, or the specific division, subsidiary, or affiliate that operates a site, provides its content, or processes information received through it, each as appropriate and applicable.

When we refer to “you” or “your,” we mean the person accessing the site. If the person accessing the site does so on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.

LEGAL NOTICES AND TERMS OF USE

Copyrights and Other Intellectual Property.
This site is © 2004 -2007 by us and we reserve all rights. You may inquire about rights to reproduce content from this site by e-mailing us using the technical support e-mail address below.

AS BETWEEN YOU AND US, ALL RIGHTS IN ALL MATERIALS POSTED ON SITES EITHER BELONG TO US OR ARE LICENSED BY US WITH THE RIGHT TO SUE AND OTHERWISE ENFORCE INTELLECTUAL PROPERTY RIGHTS IN SUCH MATERIALS. YOU MAY NOT COPY ANY MATERIAL FROM ANY SITE WITHOUT OUR EXPRESS PERMISSION IN THE FORM OF A RECORD SIGNED BY US.

No Interruption.
You agree not to interrupt or attempt to interrupt the operation of any site in any way.

Use of Materials.
We authorize you to view and download materials from the sites only for your use in connection with the purchase or evaluation of our products and services. This authorization is not a transfer of any rights in the materials other than those expressly granted. Any copies you make of the materials (including by printing or by retaining electronic copies) are subject to the following restrictions.

1. You may not remove, or disassociate, from any of the materials any copyright or other proprietary notices contained in the materials;
   
   
2. You may not modify, reproduce, display, perform, distribute, prepare derivative works from, or otherwise use the materials for any purpose not expressly permitted by these terms of use; and
   
   
3. You may not transfer the materials to any other person.
   
   

CAN-SPAM, Telephone Consumer Protection Act and Similar Law.
Your use of a site establishes a business or other applicable relationship with us for purposes of the CAN-SPAM Act, the Telephone Consumer Protection Act, and all other applicable laws that address unsolicited commercial communications. By accessing, or continuing to access, this site, you agree that we or our agents may call, e-mail, or otherwise communicate with you regarding promotion of the sale, lease, or exchange of goods, services, real property, or any other thing of value.

Disclaimer of Warranties.
THE SITES AND ALL MATERIALS AVAILABLE ON OR THROUGH THEM ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH THE USER. WE FURTHER DISCLAIM ALL IMPLIED WARRANTIES AS TO INFRINGEMENT OR MISAPPROPRIATION, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

Revisions to Terms of Use.
We reserve the right, at our sole discretion and without any notice, to change, modify, add, or remove any portion of these terms and conditions at any time. Changes in these terms and conditions will be effective when the revised terms and conditions are posted. Your use or continued use of any site after any changes to these terms and conditions are posted will be considered acceptance of those changes. READ THESE TERMS AND CONDITIONS AND THE RELATED PRIVACY INFORMATION EVERY TIME YOU ACCESS ANY SITE TO MAKE SURE THAT YOU CONTINUE TO AGREE TO THEIR TERMS.

Changes to Site(s).
We may terminate, change, suspend, or discontinue any aspect of any site, including the availability of any features of any site, at any time. We may also impose limits on certain features and services or restrict your access to parts or a site or one or more entire sites without notice or liability. We may terminate the authorization, rights, and license given above and, upon such termination, you will immediately destroy all materials that you obtained from or through the site and that are in your possession or control.

International Users.
The site is controlled, operated and administered by us or our agents from offices within the United States of America utilizing servers located in the United States of America. We make no representation that materials at this site are appropriate or available for transmission to or from, or use in, locations outside of the jurisdiction(s) stated above and accessing any site from any jurisdiction where such site’s contents are illegal is prohibited. You may not use the site or export the materials in violation of import or export laws and regulations. If you access a site from a location outside of the United States, you are responsible for compliance with all local laws.

Choice of Law, Jurisdiction, and Venue.
The laws of the State of Michigan and the federal laws of the United States (without regard for choice of law rules) govern these terms of use, the privacy policies, and performance under them. Any suit or other action arising out of, or in any way connected with, your use of any site may be brought only in the courts of the State of Michigan sitting in Wayne County, Michigan or in the United States District Court for the Eastern District of Michigan – Southern Division. You irrevocably consent to the jurisdiction and venue of such courts.

Partial Invalidity.
If, for any reason, a court of competent jurisdiction finds any provision of these terms of use or any privacy policy, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms of use and the privacy policy, and the remainder of these terms of use and the privacy policy shall continue in full force and effect.

Limitation of Liability
Without affecting any other limitation of liability contained in these terms of use or otherwise:

1. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, OR OTHERWISE, ARISING OUT OF, OR RELATING TO, THE AVAILABILITY OR UNAVAILABILITY OF ANY SITE OR YOUR USE OF ANY SITE.
   
   
2. THE ONLY WARRANTIES THAT WE MAKE WITH REGARD TO OUR PRODUCTS AND SERVICES ARE THOSE INCLUDED IN THE WRITTEN WARRANTIES THAT COME WITH THE PRODUCTS AND NOTHING IN ANY SITE WILL BE CONSTRUED AS A WARRANTY WITH REGARD TO ANY OF OUR PRODUCTS OR SERVICES; and
   
   
3. IN NO EVENT WILL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE ANY SITE OR ANY SERVICE RELATED TO ANY SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS, AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PRIVACY POLICY

This privacy policy discloses the privacy practices for the sites. This privacy policy does not cover information we collect by means other than a site. If you have any questions about how we use information collected by means other than a site, you should inquire at or before the time you give such information to us.

Note that this policy contains several important exceptions, most notably the exception involving use of information to identify and/or pursue persons who are under criminal investigation or who damage, or may damage, our information or other resources. Please read the entire privacy policy to be sure that you understand these exceptions.

Information Ownership, Collection and Use
As between you and us, we are the sole owner of the information collected through the sites. We will not sell, share, or rent this information to others in ways different from those disclosed in this policy. We may collect information from users at several different points on a site.

Child Online Privacy Protection Act (COPPA) Compliance and Related Information
The Child Online Privacy and Protection Act (COPPA) regulates online collection of information from persons under the age of 13. It is our policy to refrain from knowingly collecting or maintaining personally identifiable information relating to any person under the age of 18. If you are under the age of 18, please do not supply any personally identifiable information through the site. If you are under the age of 18 and have already provided personally identifiable information through the site, please have your parent or guardian contact us immediately using the information below so that we can remove such information from our files.

Cookies
A cookie is a piece of data stored on the computer that runs an Internet browser. It can contain information about you, your computer, your browser, your session, the websites you visit, and other information about you or others who use, or have used, the computer or browser you use to access the Internet. The cookies we use, if any, are not linked to any personally identifiable information while using a site unless you have given us permission to link personally identifiable information to one or more cookies. You give us that permission any time you register on a site, place an order through a site, or identify yourself or the computer you are using through a site.

Most or all browsers permit you to disable or reject cookies. You can do this by setting the preferences in the browser. Use the “help” feature of your browser to obtain more information about refusing cookies. As of the time we wrote this privacy policy, there was information about how to disable cookies at the following websites. We do not operate either of these websites and we make no representation or warranty about the information contained in the websites to which these links will take you.

http://www.microsoft.com/info/cookies.mspx

http://mozilla.gunnars.net/firefox_help_firefox_cookie_tutorial.html

If you set the browser you use to reject cookies, you can use the sites, but you may not be able to use the full functionality of one or more of the sites or it may take additional time to utilize such functionality.

One or more of the organizations with which we do business, or to which we provide links from a site, may also use cookies. We have no control over such organizations’ uses of cookies and users should review the privacy policies of such organizations to determine the uses such organizations make of cookies.

Log Files
We or our hosting provider may collect traffic information from visitors for statistical analysis and site improvement. When you accesses a site, we or our hosting provider may collect information about your visit in a log file on a server. Log file information may include, but is not limited to, internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. We or our hosting provider use this information to analyze trends, administer sites, track users’ movements in the aggregate, and gather demographic information for aggregate use. IP addresses and other log file information are not linked to personally identifiable information. We do not try to track users or to identify users individually except as otherwise stated in this policy, but we or our hosting provider do review this information to understand overall trends and to determine what kinds of content are popular and useful to users.

Sharing
(a)Aggregated information. We or our hosting provider may share aggregated demographic information with our users, our affiliated organizations, and other organizations with which we do, or contemplate doing, business. Such information is aggregated and is not linked to any information that can identify individual users.

(b) Outsourcing providers. We may use outside shipping or other outsourcing providers to process and ship orders or perform other functions. We use commercially reasonable diligence to restrict the purposes for which these outsourcing providers may use your personally identifiable information. The requirements or requests that we impose on such outsourcing providers vary with the sensitivity of the information and can, but do not necessarily, include requirements that these outsourcing providers not retain, share, store, or use personally identifiable information for any secondary purposes, except for backup and recovery operations. Although we use good faith efforts to impose, and/or ensure compliance by our outsourcing providers, we cannot, and will not, be responsible to users for misuse of personally identifiable information by such outsourcing providers. This section is meant as a general description of our practices. It does not impose any duty upon us and it does not constitute a representation or warranty by us upon which you may rely.

(c) Specific services. We may have agreements with other parties to provide specific services. When you use such services, we may share personally identifiable information with such parties. In such cases, we will use good faith efforts to restrict the information provided to the information necessary for the provision of such services.

(d) General use. We share personally identifiable information (whether in return for compensation or otherwise) with various vendors, suppliers, and advertisers. While we use good faith efforts to verify that such vendors, suppliers, and advertisers promote products and services of interest to site users, we cannot, and do not, endorse such vendors, suppliers, advertisers, products or services unless we expressly state otherwise. We share only such information as you yourself provide to us or that someone else provides about you (such as through a registration process) and do not share personally identifiable information derived indirectly through IP address tracing or similar means. If you wish us to refrain from providing your personally identifiable information in this manner, please see the opt-out information and contact information provided below.

Links and Information Gathered by Others
One or more sites may contain links to other websites. We do not operate those websites and we cannot control the information that the operators of such websites gather or what the operators of such websites do with the information. We are therefore not responsible for the activities of the operators of such websites.

Security
Where we collect nonpublic personal information from you, we or one or more of our service providers use industry-standard encryption and security standards to protect such information. You can tell whether encryption is being used by noting the “locked” or other status indicator on the browser you are using. If the browser you are using does not indicate that the session is secure (e.g. by displaying a lock, a key or another icon), you should assume that the connection is not secure and that third parties will receive the information shared by you and us during that part of the session.

We also use commercially reasonable efforts to protect user information offline. All sensitive user information is maintained in our offices or at the facilities of our information technology provider(s). We cause access to servers and connections to be limited by key or other access. Only employees or agents who need the information to perform specific functions are granted access to personally identifiable information. We use reasonable efforts to assure that our employees and agents are informed of our security and privacy practices.

Supplementation of Information
We sometimes supplement the information we receive from you with other information we receive from third party sources, such as credit card issuers or clearinghouses.

Misappropriation of Personal Information
For the purposes of any applicable law regarding notification of persons whose personal information was, or is reasonably believed to have been, acquired by an unauthorized person, our information security policy provides that any required notification may, where permitted by law, be made by the use of e-mail, telephone, fax, mail (including a notice printed in an available area of a bill or statement) or posting a notice on a site. The specific means used is up to us and we will use our judgment based on the circumstances. Where any notice is to be sent to a specific address or number (such as e-mail address, physical address, telephone number, etc.), we will use the latest available address in our records. EXCEPT TO THE EXTENT PROHIBITED BY LAW, YOU AGREE TO THIS MEANS OF NOTIFICATION.

Correcting or Updating Personal Information If we have collected personal information through a site and (i) your personal information changes, (ii) you have reason to believe that your personal information as we maintain it is incorrect, or (iii) you no longer desire service associated with the personal information that we collected, you may contact us using the contact information below and we will accommodate all reasonable requests for such changes.

Choice/Opt-out
Where we have collected personal information through a site and you no longer wish to receive or have your information provided to third parties, you may opt to not have information shared by contacting us using the information below. If you opt not to allow us to share your information and then give your personal information to us again using a site or under other circumstances that permit us to use your information, we will regard your opt-out as rescinded.

In most cases, it is impractical for use to stop any other party to whom we have supplied your information from continuing to use the information and opting out will usually not stop others to whom we have provided your information from continuing to use it.

To change your preference with regard to the way your information is treated, send e-mail to privacy@atlasoil.com.

Response Times
We will use commercially reasonable efforts to timely make any changes you request. Many such changes are accomplished using batch processing (i.e., collecting a number of similar change requests and making all such changes at once), so the changes may not be immediately effective. If you require an immediate change to your personally identifiable information and are unable to make such a change using the available site resources, please contact us.

Changes to This Privacy Policy
If we decide to change this privacy policy, we will post the changes on one or more sites and/or other places we deem appropriate.

Except as stated below, we will use information in accordance with the privacy policy under which the information was collected.

BY USING A SITE, YOU AGREE TO THIS CHANGE PROCEDURE.

Exceptions
Notwithstanding anything else in this privacy policy to the contrary, we may collect personally identifiable information and use such information in ways other than those described above if we are required to do so by law or if we deem it advisable in the course of assisting law enforcement activities or protecting our site(s) or other property. Without limiting the foregoing, we reserve the right to use and disclose any information that you provide to us if we deem it advisable in the prosecution or defense of any litigation involving your use of any site..

Contact Information
If you feel that we are not abiding by this privacy policy or if you have questions regarding the policy, you may contact our privacy liaison using the following information.

General Counsel
Atlas Oil Company
24501 Ecorse Road
Taylor, Michigan 48180
Telephone: 800-878-2000
Fax: 313-731-0264
privacy@atlasoil.com