Kentucky Oil Gathering Corp                                           
Terms of Use and Privacy Policy

Welcome to the Kentucky Oil Gathering Corporation website (the "Site"). By accessing the Site, you agree to be bound by the following terms and conditions governing the use of the Site (the “Terms of Use”). Please check these terms periodically for changes. Your continued use of the Site following the posting of changes to these terms will mean you accept those changes.  If you do not agree to these Terms of Use, you should not use or access the Site.

Site Use
The purpose of this website is to provide you with information about Kentucky Oil Gathering Corporation and its services.  The material in this Site is provided for lawful purposes only and this Site may not be used to engage in any unlawful activity or fraudulent purpose or to infringe on the rights of Appalachian Oil Purchasers, its affiliates or others.  Users accessing the Site do so at their own risk and Kentucky Oil Gathering Corporation is not responsible for material viewed or downloaded by users from the Internet.  
Privacy Policy
Kentucky Oil Gathering Corporation respects the privacy of our on-line visitors and strives to maintain the privacy and security of our visitors’ personal information.  Use of any information gathered from or about you through this website shall be governed by the Site’s Terms of Use.  Kentucky Oil Gathering Corporation reserves the right to update this policy at any time. 
 
Kentucky Oil Gathering Corporation only collects personally identifiable data, such as names, addresses, and e-mail addresses when voluntarily submitted by a visitor.  Kentucky Oil Gathering Corporation will only e-mail visitors who request information from us and voluntarily supply their e-mail addresses.  The information collected is used solely by Kentucky Oil Gathering Corporation in the operation of the Site for internal purposes and is not sold or transferred to third parties.  We do not require this information from you in order to access our Site, but we may request it when you seek to correspond with Kentucky Oil Gathering Corporation or request additional information.  This information allows us to process your request correctly and to respond appropriately to your communications.  We also collect aggregate information about use of the Site, such as webpages visited on the Site and overall duration of time spent on the Site.

When a request for information is submitted on the Site, this website uses temporary cookies during the request process.  A cookie is a small string of text that a website can send to your browser.  A cookie cannot retrieve any other data from your hard drive, pass on computer viruses, or capture your email address.  Currently, we only use cookies to keep track of selections you make for information from our Site.  These cookies are automatically deleted when your browser is closed.

Kentucky Oil Gathering Corporation reserves the right, without any obligation, to monitor, to the extent reasonable, your use of the Site, for the purpose of ensuring compliance with the Terms of Use.  Kentucky Oil Gathering Corporation reserves the right to prohibit conduct, communication, or content which it deems in its discretion may be harmful to Appalachian Oil Purchasers, its affiliates, or to users, or that may violate the law.

While we endeavor to maintain the confidentiality of all material submitted that is marked as confidential by the submitter, we cannot accept, and hereby expressly disclaim, any liability from losses relating to the unauthorized disclosure or interception via the Internet of any information that you submit.

At times we may be required by law or legal process to disclose your personal information.  We may disclose information about you if we believe that disclosure is necessary to satisfy any law, regulation or governmental request or to respond to a subpoena; to protect the safety, rights or property of the Appalachian Oil Purchasers, its affiliates, or users of this Site; and as otherwise permitted under this Privacy Policy.  We will endeavor to obtain your permission before sharing your information with anyone, unless we believe in good faith that disclosure is necessary for the public interest or required by law.
Kentucky Oil Gathering Corporation takes physical, electronic and managerial precautions in our effort to secure against unauthorized access and use of any data you send us.  We urge you to take every precaution to protect your personal information any time you are on the Internet by making sure you use a secure browser, among other measures.  
 
In addition, our site may provide links to other Internet websites that are not under the control of Appalachian Oil Purchasers. We cannot accept and are not responsible for maintaining your privacy once you leave our Site.  When you click on any links or banners on our Site that take you to third-party websites, you will be subject to such third parties’ privacy policies.  We encourage you to read the posted privacy statement of any and every site you visit, whether you are linking from our Site or browsing on your own. 
 
Kentucky Oil Gathering Corporation does not knowingly solicit or send requests for personal information from children or individuals under 18 years of age.  Please ensure that you do not allow those under the age of 18 to submit any personal information without your permission.
 
If you wish to verify any voluntary information collected about you, or if you wish to be removed from our database, please contact an Kentucky Oil Gathering Corporation representative at 606-464-3841 or email cross@ohiooil.com.
 
Kentucky Oil Gathering Corporation reserves the right to modify or amend this policy at any time by posting a revised Privacy Policy on the Site.  The changes will only affect the information we collect after the date of the change to our Privacy Policy.
 
If we are going to use your personal information in a way that is different from the Privacy Policy at the time of collection, we will try to contact you via email using the most recent information we have.  If you have not given us permission to communicate with you, you will not be contacted, and we will not use your personal information in the new manner.   

Proprietary Information
This Site and all of its content, including its appearance and look and feel, is owned and operated by Kentucky Oil Gathering Corporation and no material or information from the Site may be modified, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary rights. The copyright notice shall be in the following form:

© 2009 Kentucky Oil Gathering Corporation
Used With Permission.
All Rights Reserved.

Such copyright notice must appear in every copy or reproduction of Kentucky Oil Gathering Corporation Site materials. Modification or use of such materials for any other purpose is a violation of the Kentucky Oil Gathering Corporation copyright and other proprietary rights. 
 
Any Kentucky Oil Gathering Corporation trademarks, trade dress, service marks or trade names that appear on the Site or are referenced on the Site are the property of Kentucky Oil Gathering Corporation and no license or other right to use such marks, names or dress shall be deemed given without the express written permission of Appalachian Oil Purchasers.   
 
User-Supplied Content
You understand and acknowledge that you are solely responsible for all information, data, text, or other materials or other content that you provide to Kentucky Oil Gathering Corporation via this Site and that Kentucky Oil Gathering Corporation is not responsible or liable for this information.  
 
Third-Party Software
Any third-party software or other electronic material made available for downloading, copying or use through this Site is proprietary to the individual or entity making such material available. Unless otherwise noted, neither the title nor the intellectual property rights of such software, including all files and images contained in the download, are transferred to you. Downloading, copying or other use of such software is subject to the terms and conditions of the licensing agreement relating to such material.  
 
Restrictions on Use of Materials 
This Site may contain trademarks, copyrights and other intellectual property rights of third parties. All such rights are proprietary to their respective owners. Users are prohibited by law and by these Terms of Use from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works from or using any content on this Site for commercial or public purposes. Except as specifically permitted by these Terms of Use, any use of such trademarks, copyrights, trade names or other intellectual property is strictly prohibited without the express written permission of such owners.  
 
No Warranty
THE INFORMATION AND MATERIALS CONTAINED ON THIS SITE ARE PROVIDED “AS IS” AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPALACHIAN OIL PURCHASERS, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, SUBCONTRACTORS, SUPPLIERS AND REPRESENTATIVES HEREBY DISCLAIM (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES RELATED TO CONDITION OF TITLE, THAT THE SITE’S CONTENT, FUNCTIONS, OPERATION OR AVAILABILITY WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SYSTEMS THAT MAKE IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND (ii) ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED ON THIS SITE, AND FOR ANY DOWNTIME EXPERIENCE ON THE SITE.
 
Use by United States Residents
This Site has been published in the United States for residents of the United States only.  You agree to use this Site in accordance with all federal, state, and local laws and the terms of conditions contained herein.  This Site is not intended for use by, or to provide any information to, users outside of the United States, and any such users should not rely on any information appearing on this Site.
 
Limitation Of Liability
Every user who visits this Site does so at his or her own risk. To the maximum extent permitted by law, Kentucky Oil Gathering Corporation and any other parties involved in the creation, production or delivery of this Site or whose materials or information appear on this Site, will not be liable for any special, incidental, direct, punitive, indirect or consequential damages of any kind, under any theory of liability arising out of or in connection with the use of this Site, or a delay or inability to use the Site, including without limitation damages due to lost profits, business interruption, loss of data or damage to systems, even if there is negligence on Appalachian Oil Purchasers' part or Kentucky Oil Gathering Corporation has been expressly advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law does not allow the limitation or exclusion of liability for incidental or consequential damages. In that event, Appalachian Oil Purchasers' total liability to you for all losses, damages, and causes of action (in contract, tort, including without limitation, negligence, or otherwise) will not be greater than the amount you paid to access this Site.
 
Links 
Linking to the Site, and/or framing any portions of the Site without Appalachian Oil Purchasers’ express written permission is prohibited.  Additionally, the Site may contain links to other third-party websites, resources or advertisers.  These links are provided for your convenience only.  Kentucky Oil Gathering Corporation has no control over these websites or the content contained therein, and Kentucky Oil Gathering Corporation is not responsible for the availability or functionality of these external sites.  Such links do not constitute endorsements by Kentucky Oil Gathering Corporation of any third-party websites accessible through such links, their content, substance, information, owner or proprietor or any products or services made available thereon, and such links shall not imply or create any relationship between Kentucky Oil Gathering Corporation and the owner or proprietor of such linked website.  Access to any other Internet sites linked to on the Site is at the user's own risk.  Users of this Site agree and acknowledge that Kentucky Oil Gathering Corporation is not responsible or liable, directly or indirectly, for any content, advertising, products or related materials contained on any of these third party websites, or for any damage or potential damage arising out of or in connection with the use of any such link or website, and agree further that they will not link or frame any portions of the Site without the express written permission of Appalachian Oil Purchasers. 

Your business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.  You agree that Kentucky Oil Gathering Corporation shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
 
Indemnification
You hereby agree to indemnify, defend, release and hold harmless Kentucky Oil Gathering Corporation from and against any and all third-party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from or arising as a result of your use of this Site, your violation of these Terms of Use, or your infringement of any intellectual property or other right of Kentucky Oil Gathering Corporation or any other person or entity.

Disclaimers
Information contained herein is not guaranteed by Kentucky Oil Gathering Corporation to be accurate or complete and is further subject to error, omissions, prior sales, price change or withdrawal without notice by Appalachian Oil Purchasers.  Additional disclaimers may appear from time to time within the body of the Site and are incorporated herein by reference. 

Applicable Law
These terms shall be governed by and construed in accordance with the laws of the United States, regardless of where the user is based. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Kentucky Oil Gathering Corporation can revise these Terms and Conditions at any time by updating this posting.
 
Termination of Access 
You acknowledge that Kentucky Oil Gathering Corporation may terminate your access to the Site at any time, with or without cause.  

Waiver
Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by Appalachian Oil Purchasers.
 
Dispute Resolution
Any dispute, controversy or claim arising out of or in relation to these Terms of Use, including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in accordance with the American Arbitration Association Rules in force on the date when the Notice of Arbitration is submitted in accordance with these Rules.  Each party shall bear the expense of that party’s attorneys, experts, and witnesses, regardless of which party prevails in the arbitration, unless applicable law and/or these Terms of Use gives a party the right to recover any of those fees from another party.  The arbitrator(s) shall be obligated to follow applicable substantive laws, statutes of limitations and privilege rules related to any dispute.  The arbitrator shall award the remedies, if any, that would be available in an individual court proceeding if arbitration had not been elected.  These remedies include, without limitation, compensatory, statutory and punitive damages (which shall be governed by the constitutional standards applicable in judicial proceedings); declaratory, injunctive and other equitable relief; and attorneys’ fees and costs.
 
Changes in the Website
Kentucky Oil Gathering Corporation reserves the right to modify these Terms of Use and to change, suspend or discontinue all or any portion of the Site at any time, in its discretion, without notice.

 

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