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Terms and Conditions For Purchasing |
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Pricing Information
All pricing is subject to change. GOMdata.com reserves the
right to make adjustments to pricing, products and service offerings for
reasons including, but not limited to, changing market conditions,
product discontinuation, product unavailability, manufacturer price
changes and errors in advertisements. All orders are subject to product
availability. Therefore, GOMdata.com cannot guarantee that it
will be able to fulfill Customer’s orders.
We sell digital products that are not able to be returned, so all sales
are final. We show you the layout for each file on our website, so
you can have an idea how the file looks before you purchase it.
Shipping Prices
Our products are sent electronically, so we do not charge any shipping
charges. If you do require us to ship any electronic data on CD,
DVD, printed reports, etc., we will pass those shipping charges to the
client who requested the information. You must contact us within 7 days from the date you received
the data to
notify us if you have any problems with the data and the reason why. Shipping fees will not be refunded if items have been shipped.
Anything damaged from shipping must be reported within 1 day from
receiving so that we can start an insurance claim with the shipping
company.
Altered or modified merchandise (sized items, stone mountings, etc.) is
non-returnable.
Limitation of Liability
GOMdata.com makes reasonable efforts to provide accurate data and
information through its website, database, and other channels.
Nevertheless, you understand and agree that GOMdata.com shall not be
liable for any loss or damage resulting from any use of, or inability to
use, this data, or resulting form any errors or omissions in the data
content. NEITHER GOMdata.com NOR ITS AFFILIATES WILL BE LIABLE FOR
LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT
OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR FOR ANY CLAIM BY ANY THIRD PARTY. NEITHER GOMdata.com NOR ITS
AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR
FOR LOST OR CORRUPTED DATA OR SOFTWARE OR THE PROVISION OF SERVICES BY
THIRD PARTIES. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE
PURCHASE OF PRODUCTS OR SERVICES PROVIDED DIRECTLY BY GOMdata.com OR ITS AFFILIATES, NEITHER
GOMdata.com NOR ITS
AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE
DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) OR SERVICE(S) GIVING
RISE TO THE CLAIM.
GOMdata.com will not be responsible for any delays in delivery
which result from any circumstances beyond its control, including
without limitation, product unavailability, carrier delays, delays due
to fire, severe weather conditions, failure of power, labor problems,
acts of war, terrorism, general insurrection, acts of God or acts of any
government or agency.
Arbitration
Any claim, dispute, or controversy (whether in contract, tort or
otherwise, whether preexisting, present or future, and including
statutory, common law, intentional tort and equitable claims) arising
from or relating to the products or services sold pursuant to these
terms and conditions of sale, the interpretation or application of these
terms and conditions of sale or the breach, termination or validity
thereof, the relationships which result from these terms and conditions
of sale (including, to the full extent permitted by applicable law,
relationships with third parties who are not signatories hereto), or
GOMdata.com's advertising and marketing (collectively, a “Claim”)
WILL BE RESOLVED, UPON THE ELECTION OF GOMdata.com, CUSTOMER OR
THIRD PARTIES INVOLVED, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
If arbitration is chosen, it will be conducted pursuant to the Rules of
the American Arbitration Association, with offices in
New Orleans, Louisiana. If arbitration is chosen by any party with respect to a
Claim, neither GOMdata.com nor Customer will have the right to
litigate that Claim in court or to have a jury trial on that Claim or to
engage in pre-arbitration discovery, except as provided for in the
applicable arbitration rules or by agreement of the parties.
Further, Customer will not have the right to
participate as a representative or member of any class of claimants
pertaining to any Claim. Notwithstanding any choice of law
provision included in these terms and conditions of sale, this
arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C.
§§ 1-16). The arbitration will take place in New
Orleans, Louisiana. Any
court having jurisdiction may enter judgment on the award rendered by
the arbitrator(s). Each party will bear its own cost of any legal
representation, discovery or research required to complete arbitration.
The existence or results of any arbitration will be treated as
confidential. Notwithstanding anything to the
contrary contained herein, all matters pertaining to the collection of
amounts due to GOMdata.com arising out of sales hereunder will
be exclusively litigated in court rather than through arbitration.
Disclaimer
Our accessible computer data is from a working database which is
derived by entering data from documents submitted to the Federal
Government from oil companies, other Government Agencies, and/or the
public. Some errors may exist in this data and we are constantly
working to find and eliminate them. Upon request, we can get
copies of the original documents. This computer data is not intended as
a legal document and should not be constructed as such. This data is not
for navigational use.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon GOMdata.com until accepted by
GOMdata.com. Terms of payment are within GOMdata.com's
sole discretion. Invoices are due and payable within the time period
specified on the invoice, measured from the date of invoice. GOMdata.com may invoice parts of an order separately. Customer agrees to
pay interest on all past-due sums at the lower of one and one-half
percent (1 1/2%) per month or at the highest rate allowed by law.
Customer is responsible for, and will indemnify and hold GOMdata.com
harmless from, any applicable sales, use or other taxes associated with
the order. In the event of a payment default, Customer will be
responsible for all of GOMdata.com’s costs of collection,
including court costs, filing fees and attorney’s fees. Your
credit card statement will show "GOMdata.com"
in the description of the billing charge.
Unless another method was chosen, we process our credit cards with
PayPal.
Return Privileges
Please contact GOMdata.com to discuss any returned data.
Since we provide electronic data,
we are unable to offer a refund since data files are not a restockable product.
If we shipped your electronic data file order
on CD or other media, customer agrees to pay for shipping
to return the product if it can be returned
and we will provide you another type of media format if that did
not work for some reason. The original shipping charge to the
customer will not be refunded. Failure to return a
shipped product within the five
busines days will
be deemed to be an acceptance of the product.
Please notify GOMdata.com
Customer Relations at info@gomdata.com of damaged products WITHIN
THE FIRST 24 HOURS of receipt
if your data was shipped. Timely receipt of this information is
necessary for GOMdata.com to file a damage claim with
the shipping company.
Payment Policy
We prefer credit cards for purchases online. All other
orders paying by cashiers check or money order will be processed
once it is received and cashed, subject to verification. Allow
10 business days for clearing once we make the deposit. |