Terms of Service

The terms and conditions governing your use of American Gulf Petroleum services.

Terms of Service

Last Updated: January 8, 2025

1. Acceptance of Terms

By accessing or using the services provided by American Gulf Petroleum ("Company," "we," "our," or "us"), including our website, transportation, logistics, and related services, you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please discontinue use of our services immediately.

These Terms constitute a legally binding agreement between you and American Gulf Petroleum. Your use of our services, whether through direct engagement, website interaction, or third-party referral, constitutes acceptance of these Terms in their entirety. No modifications to these Terms shall be effective unless agreed to in writing by an authorized representative of American Gulf Petroleum.

2. Service Description

American Gulf Petroleum provides comprehensive transportation and logistics services for petroleum products, including but not limited to crude oil transport, refined fuels distribution, on-demand logistics, and hazardous materials transport.

Our services encompass the full spectrum of petroleum logistics operations, including but not limited to: crude oil transportation via specialized tanker trucks, refined petroleum product distribution, emergency fuel delivery services, bulk fuel transfers, pipeline support operations, and comprehensive supply chain management solutions. All services are performed in strict compliance with federal and state regulations governing the transportation of hazardous materials.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with reasonable notice when practicable. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of our services, except as required by applicable law.

3. Service Requests and Quotations

All quotations provided through our website or other communication channels are estimates based on the information provided at the time of request. Final pricing may vary based on actual service requirements, market conditions, fuel costs, regulatory changes, route modifications, or other factors beyond our reasonable control.

By submitting a service request, you represent and warrant that you are authorized to request such services and that all information provided is accurate, complete, and current. We reserve the right to refuse service to any party for any lawful reason at our sole discretion.

4. Payment Terms and Conditions

Payment terms will be specified in your service agreement or invoice. Unless otherwise stated in writing, payment is due within thirty (30) days of the invoice date. Late payments may be subject to interest charges of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less.

You agree to pay all charges associated with the services provided, including any additional charges for special requests, expedited service, detention time, or other accommodations made at your request. All payments shall be made in U.S. dollars unless otherwise agreed in writing.

5. Scheduling and Performance

While we endeavor to meet all scheduled pickup and delivery times, we cannot guarantee specific delivery times due to factors beyond our reasonable control, including but not limited to weather conditions, traffic congestion, mechanical issues, regulatory inspections, or acts of third parties.

You are responsible for ensuring that pickup and delivery locations are accessible and that authorized personnel are available to facilitate loading and unloading operations during agreed-upon timeframes. Additional charges may apply for delays caused by inaccessible locations, unavailable personnel, or other circumstances within your control.

6. Limitation of Liability

To the maximum extent permitted by applicable law, American Gulf Petroleum's total liability for any claim arising from our services, whether based on warranty, contract, tort, strict liability, or other legal theory, shall not exceed the amount paid by you for the specific service that is the subject of the claim.

In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, regardless of whether we have been advised of the possibility of such damages and regardless of the legal theory upon which such claim is based.

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, civil unrest, embargoes, acts of governmental authorities, fire, floods, accidents, strikes, labor disputes, or shortages of transportation facilities, fuel, energy, labor, or materials.

7. Indemnification

You agree to indemnify, defend, and hold harmless American Gulf Petroleum, its officers, directors, employees, agents, contractors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms by you, any activity related to your account, any negligent or wrongful conduct by you or any person acting on your behalf, or any breach of your representations or warranties herein.

8. Regulatory Compliance

You agree to comply with all applicable federal, state, and local laws, regulations, and industry standards related to the transportation, handling, and storage of petroleum products and hazardous materials, including but not limited to Department of Transportation (DOT), Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), and state regulatory requirements.

Specific regulatory compliance includes adherence to 49 CFR Parts 100-185 (Hazardous Materials Regulations), 49 CFR Parts 350-399 (Federal Motor Carrier Safety Regulations), applicable state environmental regulations, and local fire codes and ordinances. You must ensure all personnel involved in loading, unloading, or handling operations possess appropriate certifications and training as required by law.

You are responsible for providing accurate and complete information regarding the nature, quantity, and characteristics of materials to be transported, including proper classification, documentation, and labeling of hazardous materials in accordance with applicable regulations.

9. Insurance Coverage

American Gulf Petroleum maintains comprehensive insurance coverage as required by applicable laws and regulations, including commercial general liability, automobile liability, and cargo insurance. Upon written request, we will provide certificates of insurance evidencing such coverage. You are responsible for obtaining and maintaining any additional insurance coverage you deem necessary to protect your interests.

10. Website Terms of Use

The content on our website is provided for informational purposes only and should not be construed as professional advice. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

Our website may contain links to third-party websites or resources. These links are provided for your convenience only. We have no control over the contents of those sites and accept no responsibility for them or for any loss or damage that may arise from your use of them.

11. Intellectual Property Rights

All content on our website, including but not limited to text, graphics, logos, images, audio clips, video clips, and software, is the property of American Gulf Petroleum or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws. You may not reproduce, modify, distribute, display, perform, or republish any content from our website without our prior written consent.

12. Termination of Services

We reserve the right to terminate or suspend your access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use our services will immediately cease, and any outstanding obligations shall survive termination.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms or our services shall be brought exclusively in the federal or state courts located in Travis County, Texas, and you hereby consent to the personal jurisdiction of such courts.

14. Dispute Resolution

Any dispute arising from or relating to these Terms or our services shall first be attempted to be resolved through good faith negotiations between the parties. If such negotiations fail within sixty (60) days, the dispute may be submitted to binding arbitration in Austin, Texas, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The decision of the arbitrator shall be final and binding on both parties, and judgment may be entered thereon in any court of competent jurisdiction.

15. Modifications to Terms

We reserve the right to modify these Terms at any time in our sole discretion. We will notify you of any material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our services after any such changes constitutes your acceptance of the modified Terms.

16. Severability and Entire Agreement

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect. These Terms, together with any service agreements or other written agreements between the parties, constitute the entire agreement between you and American Gulf Petroleum regarding the subject matter hereof.

17. Contact Information

If you have any questions about these Terms of Service, please contact us at:

American Gulf Petroleum

Email: info@americangulfpetroleum.com

Legal Department: legal@americangulf.com

Phone: (512) 809-2921

Address: Central Texas