1. Introduction

1.1 Purpose of the Terms of Service

Welcome to High Performance Lubricants, LLC. These Terms of Service (“Terms”) are intended to govern and define the legal relationship between High Performance Lubricants, LLC (“we,” “us,” or “our”) and each user (“you” or “your”) of our website, https://www.hplubricants.com. The Terms set forth herein are designed to inform you of your legal rights and obligations when accessing and using our website. These include the conditions under which our services are provided, the permissible use of our site, and the limitations on liability and dispute resolution mechanisms.

1.2 Acceptance of Terms

By accessing or using our website, registering an account, or downloading documents from https://www.hplubricants.com, you explicitly agree to be bound by these Terms and all terms incorporated by reference. Should you disagree with any part of these Terms, you must immediately discontinue use of our site and its services.

1.3 Eligibility to Accept Terms

Use of this website is intended solely for persons who are 18 years of age or older. By agreeing to these Terms, you represent and warrant that you are legally capable of entering into binding contracts under the law of the jurisdiction in which you reside. If you are under the age of 18, you may use our website only with the involvement of a parent or guardian.

These initial provisions are fundamental to establishing a clear understanding of the mutual expectations between High Performance Lubricants, LLC and its users. We emphasize the importance of reading and understanding these Terms thoroughly before engaging with our website and its services.

2. User Accounts

2.1 Account Creation Requirements

To utilize certain features of our website, such as downloading lubricant specifications documents or submitting requests for bespoke lubricant blends, you must create and maintain an account. When creating your account, you are required to provide accurate and complete information including a valid email address and any other information requested in the registration process. You are responsible for updating such information to maintain its accuracy.

2.2 Account Responsibilities

You are solely responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to notify High Performance Lubricants, LLC immediately of any unauthorized use of your account or any other breach of security. High Performance Lubricants, LLC will not be liable for any loss or damage arising from your failure to comply with this obligation.

2.3 Data Accuracy

It is your responsibility to ensure that all information submitted during the account registration and thereafter is truthful, accurate, current, and complete. Misrepresentation of your identity or contact details may result in immediate account suspension or termination, and may be considered a breach of these Terms.

2.4 Account Security

You agree to take all reasonable precautions to protect the security and integrity of your account and related information. High Performance Lubricants, LLC employs robust security measures to protect account information, but we cannot guarantee absolute security against all potential security breaches.

2.5 Termination of Accounts

High Performance Lubricants, LLC reserves the right to suspend or terminate your account at any time for any reason, including but not limited to breaches of these Terms, requests by law enforcement or other government agencies, or discontinuance or material modification of our website or services. Upon termination, your right to use the website and access any services or content immediately ceases.

2.6 Consequences of Account Misuse

Engaging in unauthorized or unlawful activities, such as unauthorized use of our services, intellectual property infringement, or fraudulent activities, under your account may result in immediate termination of your account and potential legal action. You may also be held liable for losses incurred by High Performance Lubricants, LLC or any other user of the website due to someone else using your account or password.

Proper management and use of your account are critical to maintaining the security and functionality of our website. Adhering to these guidelines helps ensure a safe and positive experience for all users of High Performance Lubricants, LLC.

3. Privacy and Data Protection

3.1 Commitment to User Privacy

High Performance Lubricants, LLC is committed to protecting the privacy of our users. This section outlines our practices and the steps we take to protect your personal information. Please refer to our Privacy Policy, which is incorporated into these Terms by reference, for detailed information regarding our data collection, processing, and sharing practices.

3.2 Personal Information Collection and Use

We collect personal information when you create an account, download documents, submit requests for bespoke lubricant blends, or otherwise communicate with us. The types of personal information we may collect include your name, contact details, email address, and any other information necessary to provide our services to you. We use this information to operate, maintain, and provide to you the features and functionality of our services, as well as to communicate directly with you.

3.3 Data Sharing and Disclosure

High Performance Lubricants, LLC does not sell, trade, or otherwise transfer your personally identifiable information to outside parties except as provided in this policy. We may share information with trusted third-party service providers who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.

3.4 Data Security Measures

We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information. These measures include advanced data encryption, secure servers, and limited access protocols. Despite these measures, no method of transmission over the Internet or method of electronic storage is 100% secure; therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

3.5 User Rights and Data Access

You have certain rights regarding the personal information we hold about you. You can request access to the information, correction of inaccuracies, or deletion of your data under certain circumstances. If you wish to exercise these rights, please contact us as specified in the Contact Information section of these Terms.

3.6 Use of Cookies and Tracking Technologies

Our website uses “cookies” and similar tracking technologies to enhance user experience and gather usage and performance data. By using our website, you consent to the use of these technologies in accordance with our Privacy Policy. You may manage your cookie preferences through your browser settings, though this may affect certain functionalities of our website.

This section of the Terms provides an overview of how High Performance Lubricants, LLC handles personal information and strives to maintain the privacy and security of data. For more detailed information, please review our complete Privacy Policy.

4. Intellectual Property

4.1 Ownership of Website Content

All content published and made available on our website, including but not limited to text, graphics, logos, images, data compilations, and software, is the property of High Performance Lubricants, LLC, its affiliates, or its licensors and is protected by United States and international copyright and intellectual property laws. This content includes material that is derived or compiled from information that is owned by High Performance Lubricants, LLC and constitutes valuable intellectual property.

4.2 Copyrights and Trademarks

The trademarks, service marks, and logos used and displayed on the website are registered and unregistered trademarks of High Performance Lubricants, LLC, and others. Nothing on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the website without the prior written permission of the trademark owner. Unauthorized use of the intellectual property displayed on our website may violate copyright and trademark laws and could result in civil and criminal penalties.

4.3 Restrictions on Use of Materials

You are permitted to use the site for your personal or business informational purposes as intended through the provided functionality of the site. You are not permitted to copy, modify, reproduce, republish, upload, post, transmit, or distribute any documents or information from the website in any form or by any means without prior written permission from High Performance Lubricants, LLC. Additionally, you agree not to use any data mining, robots, scraping, or similar data gathering or extraction methods in connection with the website.

4.4 Licensing of User Contributions

Any material, information, or idea you transmit to or post on this website by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by High Performance Lubricants, LLC or its affiliates for any purpose whatsoever. Notwithstanding the foregoing, all personal data provided to High Performance Lubricants, LLC will be handled in accordance with our Privacy Policy. By submitting such materials, you grant High Performance Lubricants, LLC a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the materials in connection with the website and High Performance Lubricants, LLC’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the website (and derivative works thereof) in any media formats and through any media channels.

4.5 Infringement Claims

If you believe that any content on our site constitutes infringement of your intellectual property rights, please notify us by providing a detailed description of the alleged infringement sufficient to enable us to make an assessment. We will investigate the complaint and, if appropriate, take action in accordance with applicable intellectual property laws.

This section ensures the protection and proper use of High Performance Lubricants, LLC’s intellectual property and outlines the responsibilities of users in regards to respecting these rights.

5. Website Use and Restrictions

5.1 Permissible Use of the Website

The website provided by High Performance Lubricants, LLC is intended for lawful purposes only. Users are granted a limited, non-exclusive right to create a personal account and access the services provided via https://www.hplubricants.com in accordance with these Terms and applicable laws. This right is non-transferable and non-sublicensable, except with explicit permission from High Performance Lubricants, LLC.

5.2 Prohibited Activities

Users of the website are prohibited from engaging in the following activities:

  1. Unauthorized Access and Use: Accessing or using the website for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy.
  2. Circumvention of Security Measures: Attempting to circumvent or breach any security or authentication measures put in place by High Performance Lubricants, LLC.
  3. Interference with Operation: Interfering with or disrupting networks or servers connected to the website, or disobeying any requirements, procedures, policies, or regulations of networks connected to the website.
  4. Data Mining: Using any robot, spider, scraper, or other automated means to access the website for any purpose without express written permission from High Performance Lubricants, LLC.
  5. Harassment and Abuse: Harassing, abusing, or harming another person or group, including employees and other users.
  6. Misrepresentation: Impersonating another person or misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity.

5.3 User Contributions and Conduct

Users are responsible for their own actions while using the website, as well as for any content they upload, post, email, transmit, or otherwise make available via the website. Users must ensure that:

  1. Compliance with Laws: All user-generated content complies with applicable laws and does not violate the intellectual property rights or other rights of any third parties.
  2. No Dissemination of Harmful Content: The content does not contain any viruses, adware, spyware, worms, or other harmful or destructive content.
  3. Truthfulness and Accuracy: The information provided is true, accurate, current, and complete.

5.4 Linking and Third-Party Content

Links to third-party websites are provided for your convenience and do not imply an endorsement by High Performance Lubricants, LLC of the content or services offered through those websites. Users are responsible for evaluating the accuracy, completeness, and usefulness of any information, opinion, advice, or other content available through third-party sites.

This section provides guidelines for the acceptable use of the website and outlines prohibited activities to ensure a safe and compliant online environment. Users must adhere to these standards to maintain access to the website and its services.

6. Services Offered

6.1 Description of Services

High Performance Lubricants, LLC provides a variety of services accessible through our website, https://www.hplubricants.com. These services are primarily focused on offering specialized lubricant solutions and facilitating access to critical product information. Specifically, our services include:

  1. Document Downloads: Users with registered accounts can download various lubricant specification documents, which provide detailed information about our products’ characteristics and applications.
  2. Bespoke Lubricant Blends: We offer custom lubricant blend services, where users can submit requests specifying their needs for unique lubricant formulations. Our team will assess these requests and engage directly with users to develop bespoke products.

6.2 Downloading Documents

Registered users have the privilege to access and download technical documents related to our lubricants. These documents are provided for informational purposes to assist in the selection and use of our products. The availability of documents is subject to change without prior notice, and we reserve the right to limit access to certain documents at our discretion.

6.3 Requests for Bespoke Lubricant Blends

Users interested in bespoke lubricant blends can submit their requirements through the website. Upon submission, our team will review the request and may contact the user to further understand their needs and to discuss potential solutions. This service is designed to cater to specific user requirements, and all interactions will aim to ensure the highest level of satisfaction and product efficacy.

6.4 Service Limitations and Modifications

High Performance Lubricants, LLC strives to ensure the reliability and availability of our website and services. However, we reserve the right to modify, suspend, or discontinue any aspect of the services at any time, including hours of availability, without notice or liability. Users are advised that all services provided by High Performance Lubricants, LLC are on an “as is” and “as available” basis. While we make every effort to maintain the continuity of services, we cannot guarantee that the website or its services will always be available, uninterrupted, or error-free.

6.5 Intellectual Property in Services

All services provided, including but not limited to bespoke lubricant blends and downloadable documents, are the property of High Performance Lubricants, LLC. Users are granted a limited, revocable, non-exclusive license to use the services for their personal or business purposes under the terms specified herein. Any unauthorized use of the services for commercial purposes without express consent from High Performance Lubricants, LLC is strictly prohibited.

The services offered by High Performance Lubricants, LLC are designed to provide value and meet the specific needs of our users. We commit to maintaining high standards of quality and customer service, ensuring that all offerings align with industry best practices and legal compliance.

7. Disclaimers and Limitation of Liability

7.1 No Warranties for Services

High Performance Lubricants, LLC provides the website https://www.hplubricants.com and its associated services “as is” and without any warranty or condition, express, implied, or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee continuous, uninterrupted, or secure access to our services, and operation of our website may be interfered with by numerous factors outside of our control.

7.2 Limitation of Liability

In no event shall High Performance Lubricants, LLC, nor its directors, employees, agents, partners, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the website; (ii) any conduct or content of any third party on the website; (iii) any content obtained from the website; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.

7.3 Third-Party Links and Content

Our website may contain links to third-party websites or services that are not owned or controlled by High Performance Lubricants, LLC. High Performance Lubricants, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that High Performance Lubricants, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such web sites or services.

7.4 Disclaimer of Endorsement

The mention of specific companies or certain commercial products or services on our website does not imply endorsement by High Performance Lubricants, LLC. Product and service information is based solely on material received from suppliers.

7.5 User Acknowledgment

By using the website, you acknowledge that you have read these disclaimers and agree that you are using the website and its services at your own risk. You agree to assume all risks associated with your use of the website, and you agree that all such risks are borne solely by you.

The limitations of liability and disclaimers detailed herein govern all matters arising from or related to the use of the High Performance Lubricants, LLC website and its services, and form an essential basis of the bargain between the parties.

8. Indemnification

8.1 User Responsibilities

You agree to defend, indemnify, and hold harmless High Performance Lubricants, LLC, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the website, including, but not limited to, your user submissions, any use of the website’s content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the website.

8.2 Indemnity for Breach

Specifically, you shall indemnify and hold High Performance Lubricants, LLC harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your improper use of High Performance Lubricants, LLC’s services, or your breach of any law or the rights of a third party.

8.3 Legal Defense and Settlements

In the event that you are obligated to indemnify High Performance Lubricants, LLC, we reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You will not, in any event, settle any claim without the prior written consent of High Performance Lubricants, LLC.

8.4 Continuation of Obligation

This indemnification obligation will survive the termination or expiration of these Terms and your use of the website. This means that even after you stop using the site or your account is terminated, you will still be responsible for any indemnity obligations incurred during your use of the site.

The indemnification section of the Terms of Service is designed to protect High Performance Lubricants, LLC and its associated entities from legal harm arising from your actions related to our site. This protection is a standard requirement that helps ensure that the legal risks associated with operating an online business are mitigated effectively.

9. Dispute Resolution

9.1 Governing Law

These Terms of Service and any disputes arising out of or related to the use of the website shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions. By using this website, you agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state and federal courts located in Kankakee County, Illinois, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

9.2 Arbitration Agreement

In the interest of resolving disputes between you and High Performance Lubricants, LLC in the most expedient and cost-effective manner, you and High Performance Lubricants, LLC agree that every dispute arising in connection with these Terms of Service will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court and uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award.

9.3 Class Action Waiver

You and High Performance Lubricants, LLC agree that any arbitration will be conducted in the individual capacity only and not as a class action or other representative action, and you and High Performance Lubricants, LLC expressly waive the right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

9.4 Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with High Performance Lubricants, LLC must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

9.5 Exception to Arbitration

Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

This section outlines the methods by which disputes will be resolved under these Terms of Service. By agreeing to these terms, you waive your right to a trial by jury and are agreeing to arbitration and other stipulations as the primary means of legal dispute resolution.

10. Changes to Terms of Service

10.1 Right to Amend Terms

High Performance Lubricants, LLC reserves the right, at its sole discretion, to modify or replace any part of these Terms of Service at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the website following the posting of any changes to these Terms constitutes acceptance of those changes.

10.2 Notification of Changes

High Performance Lubricants, LLC will provide notice of substantial changes to these Terms on the website or through other acceptable means of communication. Such notices will be made in advance of the changes taking effect.

10.3 Acceptance of Changes

By continuing to access or use our website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the website.

10.4 Historical Versions

For the convenience of users, High Performance Lubricants, LLC may maintain historical versions of the Terms of Service and other policy documents. These documents may be made available on the website or upon request.

This section provides for the dynamic nature of online service provision, where terms might need to be updated or revised periodically to reflect changes in the business environment, legal requirements, or operational needs.

11. Termination

11.1 Termination by High Performance Lubricants, LLC

High Performance Lubricants, LLC reserves the right to terminate or suspend your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately. Such termination may be for various reasons, including but not limited to breaches or violations of the Terms of Service or other incorporated agreements or guidelines, requests by law enforcement or other government agencies, a request by you (self-initiated account deletions), discontinuance or material modification of the website or any service offered on or through the website, unexpected technical or security issues or problems, and extended periods of inactivity.

11.2 Termination by User

You may terminate your account at any time by following the instructions on the website for account termination. Your decision to terminate your account will not affect the availability of some information that you provided prior to termination.

11.3 Effects of Termination

Upon termination of your account, your right to use the website, access the website, and any content will immediately cease. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11.4 Handling of Information Post-Termination

After termination, High Performance Lubricants, LLC reserves the right to maintain information as necessary to comply with legal obligations, resolve disputes, and enforce agreements. High Performance Lubricants, LLC will handle your remaining information (if any) in accordance with our Privacy Policy, which describes how personal information is collected, used, and protected.

11.5 No Liability for Termination

High Performance Lubricants, LLC shall not be liable to you or any third-party for any termination of your access to the website or account. Termination of your account may include the removal of access to all offerings within the website, deletion of your password and all related information, files, and content associated with or inside your account.

This section of the Terms of Service ensures that both parties understand the conditions under which the service can be terminated and the consequences of such termination.

12. Miscellaneous

12.1 Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The unenforceable provision will be substituted by an enforceable provision that most closely matches the intent of the original provision.

12.2 Non-Waiver

No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and High Performance Lubricants, LLC’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

12.3 Assignment

You may not assign any of your rights under these Terms of Service to any other party without our express written consent. High Performance Lubricants, LLC may assign its rights to any other individual or entity at its discretion.

12.4 Force Majeure

High Performance Lubricants, LLC shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

12.5 Entire Agreement

These Terms of Service constitute the entire agreement between you and High Performance Lubricants, LLC regarding the use of the website and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and High Performance Lubricants, LLC (including, but not limited to, any prior versions of the Terms of Service).

12.6 Headings

The headings in these Terms of Service are for convenience only and have no legal or contractual effect.

12.7 Notices

Any notices or other communications provided by High Performance Lubricants, LLC under these Terms of Service, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the website. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

12.8 Compliance with Law

You agree to comply with all local, state, national, and international laws and regulations applicable to your use of the website and services provided by High Performance Lubricants, LLC.

This section includes additional provisions that are essential for ensuring the effectiveness and enforceability of the Terms of Service as a whole, providing clarity and legal protection for both the user and High Performance Lubricants, LLC.

13. Contact Information

13.1 General Inquiries

For questions or concerns regarding these Terms of Service, or any other policy related to your use of the website, you may contact High Performance Lubricants, LLC at the following address:

High Performance Lubricants, LLC
500 S. Spruce Street
Manteno, IL 60950

Phone: 815.907.7801
Fax: 815.468.1010
Email: [email protected]

13.2 Electronic Communication

You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

13.3 Legal Service of Process

High Performance Lubricants, LLC may be served with any legal notices or documents at our registered office address as listed above. All legal inquiries should be directed to the attention of the Legal Department at High Performance Lubricants, LLC.

13.4 Feedback and Suggestions

Feedback or suggestions about our website or services are always welcome, but they will be considered non-confidential and non-proprietary. Please send any feedback or suggestions to the email address provided above.

This section ensures that users know how to contact High Performance Lubricants, LLC for any reason related to the use of the website or to address legal matters, emphasizing our commitment to accessible and responsive customer service and legal compliance.