Terms of Use

Thank you for visiting this Website, which, along with other digital properties such as accounts found on various social media platforms, is owned and operated by FKG Oil Company d/b/a MotoMart Convenience Stores (“MotoMart”). These Terms of Use govern your use of the MyMotoMart.com Website.

Agreement Between You and FKG Oil Company d/b/a MotoMart Convenience Stores

The MyMotoMart.com Website is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of the MyMotoMart.com Website including all functionality, content and service, and any and all other digital properties owned and operated by FKG Oil Company d/b/a MotoMart Convenience Stores (“MotoMart”) constitutes and evidences your agreement and express consent to this Agreement and its terms, conditions, and notices.

Your Acceptance of this Website’s Privacy Policy

By agreeing to these Terms of Use, you further agree to this Website’s Privacy Policy, (link) which is expressly incorporated herein. Before using this Website, please carefully review the MotoMart Privacy Policy. To the extent that there may be any inconsistencies between these Terms of Use and the Privacy Policy, the Terms of Use control.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. If at any time you choose not to accept these Terms of Use, you should not use this Website.

These Terms were last modified on and are current and effective as of 04/22/2016.

Links to Third Party Sites

The MyMotoMart.com Website may contain links to other Websites, including Websites maintained by our partners ("Linked Sites"). The Linked Sites are not under the control of MotoMart and MotoMart is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MotoMart is not responsible for webcasting or any other form of transmission received from any Linked Site. If you decide to access any third party websites link to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. MotoMart is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MotoMart of the site or any association with its operators.

You may link to our homepage, provide you do so only in a way that is fair and legal and does not damage our reputation or take advantage of it, but must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without express written consent.

No Unlawful or Prohibited Use

In consideration of your use of this Website, you agree that to the extent you provide any personal information to MotoMart it will be true, accurate, current, and complete and that you will update all personal information as necessary. Further, to the extent you create an account through this Website or through any of our partner sites, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your sign-on information and are fully responsible for all activities that occur under your credentials by you or by anyone else using your credentials, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform MotoMart of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting MotoMart using the information provided below. Until MotoMart is so notified you will remain liable for any unauthorized use of your account.

As a condition of your use of the MyMotoMart.com Website, you agree to use this Website in a manner consistent with any and all applicable rules and regulations, and you warrant to MotoMart that you will not use the MyMotoMart.com Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You agreed not to use this Website to upload or transmit any computer viruses, trojan horses, worms, junk mail, spam or anything else which could damage, disable, overburden, or impair the MyMotoMart.com Website or interfere with any other party's use and enjoyment of the MyMotoMart.com Website, including via denial-of-service attack or a distributed denial-of-service attack, or otherwise attempt to interfere with the proper working of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the MyMotoMart.com Websites.

Materials Provided to MotoMart or Posted at any MyMotoMart.com Website

MotoMart does not claim ownership of the materials you provide to MotoMart (including feedback and suggestions) or post, upload, input or submit to any MyMotoMart.com Website or its associated services or digital properties (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting MotoMart, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. MotoMart is under no obligation to post or use any Submission you may provide and may remove any Submission at any time for any or no reason in our sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or any of MotoMart’s digital properties. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Liability Disclaimer

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. MOTOMART WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANYSERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, ANY OF OUR DIGITAL PROPERTIES, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANYSERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns 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 Use or your use of the Website, including, but not limited to, any User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Termination/Access Restriction

MotoMart reserves the right, in its sole discretion, to terminate your access to the MyMotoMart.com Website and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Missouri, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in St. Louis County, Missouri, U.S.A. in all disputes arising out of or relating to the use of the MyMotoMart.com Website. Use of the MyMotoMart.com Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MotoMart as a result of this agreement or use of the MyMotoMart.com Website. MotoMart's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MotoMart's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the MyMotoMart.com Website or information provided to or gathered by MotoMart with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MotoMart with respect to the MyMotoMart.com Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MotoMart with respect to the MyMotoMart.com Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Copyright and Trademark Notices:

All contents of the MyMotoMart.com Website are: Copyright 2016 by FKG Oil Company and/or affiliated companies or suppliers. All rights reserved. The MotoMart names and logos, and all product and service names, all graphics, button icons, and all trademarks, service marks and logos appearing within the Website, unless otherwise noted, are trademarks (whether registered or not), service marks, and/or traded dress of FKG Oil Company or its affiliates. All other trademarks, product and company names mentioned, displayed or cited herein may be the trademarks of their respective owners. You may not display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Site without the prior written permission of such owners. The use or misuse of the MotoMart Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

Notices and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following: (a) Your physical or electronic signature; (b) Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works; (c) Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address); (e) A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law; (f) A statement that the information in the written notice is accurate; and (g) A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is:
Sarah Holdener
721 W. Main St., Belleville, IL 62222
618-233-6754
legal@fkgoil.com  

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.