Our Membership Marketplace Terms of Use

Citizen's Oil Co-op, Inc. Membership Services

 

Terms of Use

Last updated: June 22, 2022

Citizen's Oil Co-op, Inc. and/or its affiliates ("Oil Co-op", "COCP", "we" or "us") operate an online membership marketplace  ("COCP Membership Marketplace", "Oil Co-op Marketplace", "Membership Services", "Membership Renewal", "New Member Registration", "Forms"),  located at oilco-op.com/join, oilco-op.com/renew, or oilco-op.com/services, from which you may purchase a recurring membership for access to Oil Co-op services ("COCP Member Services").

These Terms of Use apply to the content and functionality of the COCP Membership Marketplace, and to the marketplace memberships. These Terms of Use do not apply to products or services that we make available pursuant to different terms, such as our "Additional Services or Add-ons", which are governed by the 3rd Party Vendors Services Agreement.

1. Information that you provide to us

You may give us information about yourself when you visit the Membership Marketplace. Our Privacy Policy explains our practices with respect to that information. We may need to send you email and text messages in order to, for example, verify your identity or provide you with important account or billing information. You authorize us to send those messages when you visit the COCP Member Services and provide your contact details. Standard text or data charges may apply to text messages. Where offered, you may disable text message notifications by responding to any such message with "STOP", or by following instructions provided in the message. However, by disabling text messaging, you may be disabling important security controls and may increase the risk of loss to your membership and/or services.

2. Citizen's Oil Co-op, Inc. Marketplace IP

As between you and Citizen's Oil Co-op, Inc., COCP and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the Oil Co-op Marketplace (collectively, "COCP Marketplace IP"). This IP is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in COCP Membership Marketplace IP not expressly granted to you in these Terms of Use are reserved.

You may choose to or we may invite you to submit comments or ideas about improvements to the Marketplace or our services ("Ideas"). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that COCP has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.

3. Access to Citizen's Oil Co-op, Inc. Marketplace

Citizen's Oil Co-op, Inc. grants you a limited, revocable, non-exclusive, non-transferable license to access the Marketplace. This license does not include a right to use any of the content and information, including product listings.

4. Products, Content and Specifications

Details of the products and services available for purchase in the Citizen's Oil Co-op, Inc. Membership Marketplace("COCP Products") are set out in the COCP Membership Marketplace. All features, content, specifications, products and prices of products and services described or depicted in this COCP Marketplace are subject to change at any time without notice. Unless expressly noted, all weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown, and the appearance of a product in reality may differ from its appearance to you on the COCP Marketplace due to the limitations of the systems that you use to access the COCP Marketplace. The inclusion of any products or services in the COCP Marketplace at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order/registering, you represent that the membership/service ordered will be used only in a lawful manner.

5. Subscriptions

a. Subscription terms and billing options. We offer you the ability to purchase annual membership subscriptions via the COCP Marketplace. Terms specific to a subscription will be disclosed to you at or prior to the time at which you purchase the subscription, and by purchasing the subscription you are agreeing to those terms.

  • Billing Option 1: Auto-Pay: We offer you the ability to sign up for automatic bill payment when you sign up for your membership. We will automatically deduct your membership dues on June 1st of the current year using your Preferred Payment Method saved at the time of purchase. If the payment fails you will be switched to Payment Invoice Billing Options described below ("Option #2").  Additional terms specific to a subscription will be disclosed to you at or prior to the time at which you purchase the subscription, and by purchasing the subscription you are agreeing to those terms.
  • Billing Option 2: Annual Payment Link Invoice (Non Auto-Pay):  We will email you a courtesy link to a secure payment form 5-7 days before June 1st, where you will be able to renew your membership.  COCP will email a receipt to you once the payment has succeeded.  Additional terms specific to a subscription will be disclosed to you at or prior to the time at which you purchase the subscription, and by purchasing the subscription you are agreeing to those terms.
  • Billing Option 3: Mail your payment:  We will mail you a courtesy payment reminder to your mailing address on file 5-10 days before June 1st.  Send Check/Money Order with the included paper notice to ensure your payment is posted to the correct customer account. Additional terms specific to a subscription will be disclosed to you at or prior to the time at which you purchase the subscription, and by purchasing the subscription you are agreeing to those terms.
  • Billing Option 4: Pay by Phone:  At any point during the current years heating season, you may call COCP and pay over the phone with one of our Account Managers.

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b. Free trials and promotional periods. If a subscription commences with a free trial or a promotional period, you will have the right to cancel the subscription prior to the end of the trial or period. If we do not provide you with an online cancellation mechanism, then you may exercise this cancellation right by contacting us. We may email you prior to the end of the free trial or promotional period to remind you that the trial or period is coming to an end, and to give you an opportunity to cancel before the commencement of the paid period. If you do not cancel, we will bill you at the end of the free trial or promotional period, and your subsequent cancellation rights will be in accordance with the terms specific to the subscription.

c. Cancellation. Your cancellation rights, and the mechanism via which you may notify us of your decision to cancel, will be disclosed to you at or prior to the time at which you purchase a subscription.

d. Billing.  Your payment options & rights, and the mechanism via which you may pay your membership dues, will be disclosed to you at or prior to the time at which you purchase a subscription.  We have multiple options that you must decide on when purchasing your recurring memberships.

IMPORTANT NOTE: 
When you sign-up for COCP Membership you are agreeing that by 
June 1st of the current year your payment will have been received by 
COCP Billing Service Department.  If we have not received your payment
by June 30th (30 days), you will start to incur late fees at a rate of 
$10 per week (after June 30th) that your payment is late.  

If you are experiencing financial hardships or other extenuating 
circumstances are making it difficult for you to meet this deadline, 
please reach out to us to make arrangements.  We will work with you
to find a solution.  If we don't hear from you, we will assume you no
longer wish to be a member of COCP and will begin cancelling your 
membership.

Support Staff Contact Email:  billing@oilco-op.com

6. Your account

We may require that you create an account to access your COCP Membership, including to make purchases. If we do so, you must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including any purchases made, under your account. We reserve the right to terminate your account at any time and for any reason.

7. Limitation of liability

Under no circumstances will COCP be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the COCP Membership Marketplace or for the unavailability of the COCP Membership Marketplace, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms of Use or your use of the COCP Membership Marketplace, even if such damages are foreseeable, and whether or not you or the COCP has been advised of the possibility of such damages. COCP is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use COCP or the COCP Membership Marketplace or your failure to use or implement anti-fraud measures, security controls, or any other data security measure. COCP further denies responsibility for all liability and damages to you or others caused by (a) your access or use of the COCP Membership Marketplace inconsistent with our instructions; (b) any unauthorized access of servers, infrastructure, or data used in connection with the COCP Membership Marketplace; (c) any bugs, viruses, or other harmful code that may be transmitted to or through the COCP Membership Marketplace; (d) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (e) third-party content provided by you; or (f) the defamatory, offensive, or illegal conduct of others.

You agree to limit any additional liability not disclaimed or denied by COCP in relation to the COCP Membership Marketplace, COCP Membership Marketplace IP, and COCP Membership Marketplace Products/Services, to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the greater of the amounts paid by you to COCP during the three-month period immediately preceding the event that gave rise to your claim for damages, and USD $20.

These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.

11. Disputes

a. Binding Arbitration: In the event that there is a dispute, claim or controversy arising out of or relating to statutory or common law claims, the breach, termination, enforcement, interpretation or validity of any provision of these Terms of Use, and the determination of the scope or applicability of your agreement to arbitrate any dispute, claim or controversy originating from these Terms of Use, but specifically excluding any dispute principally related to either party's intellectual property (which such dispute will be resolved in litigation before the U.S. District Court for the District of Connecticut, will be determined by arbitration in Norwalk, Connecticut before a single arbitrator. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules. The Expedited Procedures of the American Arbitration Association's Commercial Arbitration Rules will apply for cases in which no disclosed claim or counterclaim exceeds $75,000 (exclusive of interest, attorneys' fees and arbitration fees and costs). Where no party's claim exceeds $25,000 (exclusive of interest, attorneys' fees and arbitration fees and costs), and in other cases in which the parties agree, Section E-6 of the Expedited Procedures of the American Arbitration Association's Commercial Arbitration Rules will apply. The arbitrator will apply the substantive law of the State of Connecticut, exclusive of its conflict or choice of law rules. If the American Arbitration Association is no longer in business, or refuses or declines to administer any dispute between the parties brought before it, either party may petition the U.S. District Court for the District of Connecticut to appoint the arbitrator. Nothing in this paragraph will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provisions in this paragraph referencing applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern any arbitration conducted pursuant to these Terms of Use.

Either party may commence arbitration by providing to the American Arbitration Association and the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested.

b. Service of Process: Each party hereby irrevocably and unconditionally consents to service of process through personal service at their corporate headquarters, registered address, or primary address (for individuals or sole proprietors). Nothing in these Terms of Use will affect the right of any party to serve process in any other manner permitted by law.

c. Class Waiver: To the fullest extent permitted by law, each of the parties agrees that any dispute arising out of or in connection with these Terms of Use, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim or dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to these Terms of Use or any of the transactions contemplated between the parties.

d. Provision of an Award: Subject to the limitations of liability identified in these Terms of Use, the appointed arbitrators may award monetary damages and any other remedies allowed by the laws of the State of Connecticut. In making a determination, the arbitrator will not have the authority to modify any term or provision of this Agreement. The arbitrator will deliver a reasoned written decision with respect to the dispute (the "Award") to each party, who will promptly act in accordance with the Award. Any Award (including interim or final remedies) may be confirmed in or enforced by a state or federal court located in Norwalk, Connecticut. The decision of the arbitrator will be final and binding on the parties, and will not be subject to appeal or review.

e. Fees: Each party will advance one-half of the fees and expenses of the arbitrators, the costs of the attendance of the arbitration reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to these Terms of Use, the arbitrators will award to the prevailing party, if any, the costs and attorneys' fees reasonably incurred by the prevailing party in connection with those aspects of its claims or defenses on which it prevails, and any opposing awards of costs and legal fees awards will be offset.

f. Confidentiality: The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except (i) as may be necessary to prepare for or conduct the arbitration hearing on the merits, (ii) in connection with a court application as contemplated above for a preliminary remedy, or confirmation of an Award or its enforcement, (iii) our disclosure of the Award in confidential settlement negotiations, or (iv) as otherwise required by applicable laws. The parties, witnesses, and arbitrator will treat as confidential and will not disclose to any third person (other than witnesses or experts) any documentary or other evidence produced in any arbitration hereunder, except as required by law or except if such evidence was obtained from the public domain or was otherwise obtained independently from the arbitration.

g. Conflict of Rules: In the case of a conflict between the provisions of this Section 11 and the rules governing arbitration identified in Section 11.a, the provisions of this Section 11 will prevail. If any provision of these Terms of Use to arbitrate is held invalid or unenforceable, it will be so held to the minimum extent required by law and all the other provisions will remain valid and enforceable.

12. Applicable law

By using the COCP Membership Marketplace, you agree that the laws of the state of Connecticut, USA, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Citizen's Oil Co-op, Inc..

13. Modification and severability

We have the right to change or add to the terms of these Terms of Use at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of the COCP Membership Marketplace by posting such changes on our website or any other website we maintain or own. You can access a copy of the current version of these Terms of Use on our website at any time. You can find out when these Terms of Use were last changed by checking the "Last updated" date at the top of the page.

14. Our address

Citizen's Oil Co-op, Inc.

P.O. Box 271718

West Hartford, CT 06127, USA

www.oilco-op.com

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