ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. USE OF THIS WEBSITE INDICATES ACCEPTANCE OF THESE TERMS ("TERMS"). DO NOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.
You may be required to provide certain information to us in order to take advantage of certain features offered on the Site (for example, to track orders or to contact us with a question), and you will be required to provide credit card information if you wish to purchase Shell Rotella merchandise or other products on the Site (collectively, the "Products"). If you choose to provide personal or payment information on the Site, you agree to provide true, accurate, current and complete information about yourself as prompted by the Site's order form or other areas of the Site.
You acknowledge that all materials on this Site, including, but not limited to, design, graphics, text, pictures, software and other files and the selection and arrangement thereof (the "Materials"), are subject to and protected under copyright, trademark and/or other intellectual property laws and rights. All copyrighted and copyrightable Materials are owned by TSC and/or its suppliers, all rights reserved. Except as stated herein, you may not copy, reproduce, distribute, republish, download, perform, display, post or transmit any of the Materials in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of TSC or the respective copyright owner. TSC authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. Any use of the Materials on any other website or networked computer environment for any purpose, and any other unauthorized use of the Materials, is prohibited.
The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described on this Site (including, without limitation, any such Marks incorporated into any Products) are the sole property of TSC and/or its suppliers and licensors (including, without limitation, the "Shell family of companies", as defined below), and may not be copied, imitated or otherwise used, in whole or in part, without the prior written permission of TSC or its suppliers or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of TSC and may not be copied, imitated or otherwise used, in whole or in part, without the prior written permission of TSC. TSC will enforce its intellectual property rights to the fullest extent of the law. References in the Terms to the "Shell family of companies" shall be understood to mean the Royal Dutch Petroleum Company, the "Shell" Transport and Trading Company, p.l.c. and the companies in which they jointly invest.
TSC respects the intellectual property of others. If you believe that your work has been copied by the Materials on the Site in a way that constitutes copyright infringement, please provide TSC's copyright agent with the following information:
Any ideas, comments, questions, suggestions or other information or materials you submit to TSC through the Site or otherwise will be deemed the sole property of TSC and may be used or published by TSC for any purpose, in any media, throughout the world and in perpetuity, without restriction and without any compensation, attribution or other obligation to you. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic or other material that would violate any law.
Links on this Site to third-party websites are provided only as a convenience to you. If you use these links, you will leave this Site. TSC does not control or endorse any such third-party websites. You agree that we will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk.
This statement contains the terms and conditions governing your purchases at this Site. Products displayed may be out of stock or discontinued. Prices are quoted in US dollars. Prices quoted do not include shipping or handling.
Billing: If you wish to purchase the Products offered on the Site, you must provide valid credit card information on our online checkout form. By submitting such credit card information, you give us permission to charge your purchases to the credit card that you designate on the checkout form.
Shipping and Handling; Taxes: A shipping and handling charge is applied to each Product purchased. You agree to pay for any shipping and handling charges, as well as any and all applicable local, state or other taxes (if any) which are required to be collected by law in connection with the purchase of any Products by you. At present, TSC collects sales tax on orders delivered to customers in the State of Texas. If you live outside Texas, you are responsible for remitting applicable sales tax (if any) on your order directly to your local taxing authority. In addition, users who require that orders be shipped to international addresses will be responsible for paying any VAT and other taxes, tariffs, import or export duties, and other similar fees imposed on such orders.
Return Policy: Products purchased from us may be returned for any reason within thirty (30) days of the invoice date for replacement, credit or refund. If you request a replacement Product because the Product was damaged when you received it, we will pay for all shipping charges in connection therewith. However, we will not be liable for shipping charges if a replacement is requested for a Product returned for any other reason. For purchases made by credit card, once we receive your return, your credit card account will be credited for any payments you may have made toward your purchase, unless you request a replacement.
No third-party website may link to the Site without the written permission of TSC. Any such written permission shall be subject to such third-party website's agreement to comply with the following terms. Any site that links to TSC's website:
TSC reserves the right, without notice and at its sole discretion, to suspend or terminate these Terms and/or your ability to access or use this Site, and to block or prevent future access to and use of the Site for any reason, including your breach of these Terms or other conduct by you that TSC considers inappropriate. TSC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that TSC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
TSC administers the Site from its offices located in Houston, Texas in the United States of America. TSC makes no representation that Materials contained in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
If any provision of these Site Terms shall be deemed unlawful, void, or for any other reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of the remaining provisions.
THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, MATERIALS, SERVICES OR PRODUCTS INCLUDED OR OFFERED ON THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TSC MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIALS ON OR ACCESSIBLE THROUGH THE SITE. ANY DOWNLOADING, RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. TSC MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE WILL BE AVAILABLE ON A TIMELY BASIS OR WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL TSC, THE SHELL FAMILY OF COMPANIES OR ANY OF THEIR RESPECTIVE PRINCIPALS, AGENTS, AFFILIATES OR SUBSIDIARIES BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR THE MATERIALS, PRODUCTS, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE SITE (INCLUDING, BUT NOT LIMITED TO, SUCH DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), EVEN IF TSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, PRODUCTS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Any controversy or claim arising out of or relating to these Terms will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Houston, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
If any provision of these Terms shall be deemed unlawful, void, or for any other reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions. The Terms constitute the entire agreement between you and TSC and govern your use of the Site, superceding any prior agreements between you and TSC. The Terms shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions. You and TSC agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the State of Texas. The failure of TSC to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
If you have any questions or comments about these Terms, please contact us at
The Service Center, Ltd.
6450 Clara Rd, Suite 100
Houston, TX 77041
© 2019 The Service Center, Ltd. All rights reserved.