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Terms and Conditions For Purchasing

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.

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