01. Acceptance of the Terms
Access to, browsing and use of the website https://hsotrading.com and all associated subdomains (the “Site”), as well as the use of any services, digital trading platforms, petroleum and natural gas products, logistics services, technical consulting, commercial intermediation and other services offered by HSO (the “Services”), imply full, express and irrevocable acceptance of these Terms, as well as all policies, annexes and complementary regulations incorporated by reference. If you do not agree with each and every one of these terms, please do not use the Site or the Services.
02. Corporate Identity and Role of HSO
Whenever the name “Huron Smith Oil” or “HSO” is used in this document, it refers only to the Contracting Entity involved in the relevant transaction, unless the applicable document expressly identifies more than one entity. Depending on the transaction, HSO may act as principal —buyer, seller or direct service provider— or as a commercial intermediary, facilitator, platform for matching parties or coordination agent among buyers, sellers, carriers, inspectors, financial institutions or other third parties. When HSO acts as intermediary or marketplace, HSO does not guarantee the product, solvency, performance, payment, delivery, quality, quantity, permits, licenses or contractual obligations between users, without prejudice to HSO’s internal KYC, due diligence, sanctions screening and compliance controls. User-to-user relationships shall be governed by the specific terms accepted by the parties to that transaction.
02 bis. B2B Nature of the Services
Users represent that they access the Site and use the Services as commercial entities, business operators, professionals or authorized representatives of an organization, and not as consumers for personal, family or household purposes. Accordingly, consumer withdrawal rights, warranties or remedies shall not apply except to the extent they are mandatory and non-waivable under applicable law.
03. Definitions
For a correct interpretation of these Terms, the following definitions are established:
- Services: include, but are not limited to, access to the Site, the energy products trading platform, the acquisition and supply of petroleum products, natural gas, transport and logistics services, digital management platforms, software, APIs, specialized technical consultancy and any other product or service offered by HSO.
- Software: any application, platform, interface, object and source code, module or library that HSO delivers under license to the User for account management, order tracking, participation in trading processes or access to commercial information.
- API: set of protocols, endpoints and tools for system integration made available by HSO, including its technical documentation, access tokens and usage limits.
- Data: all information, including personal data, metadata, logs, content uploaded or generated through the Services.
- Applicable Law: the legislation in force in the states of Florida and Mississippi, as well as the applicable federal laws of the United States of America, expressly including regulations on the oil and gas industry, California data protection laws (CCPA/CPRA), federal international trade regulations and applicable international privacy standards.
04. Use of the Site and the Services
The User undertakes to use the Site and the Services exclusively for lawful purposes and in accordance with good faith, applicable laws and the provisions of these Terms. The following is expressly prohibited:
- Carrying out any activity that infringes the intellectual or industrial property rights of HSO or third parties.
- Introducing or transmitting viruses, trojans, worms, logic bombs or any malicious code that may damage, interfere with or intercept HSO’s systems.
- Attempting to gain unauthorized access to HSO’s servers, databases or computer systems.
- Using the Services for phishing, identity theft or sending unsolicited commercial communications (spam).
- Reverse engineering, decompiling or disassembling the Software or APIs, except in cases expressly authorized by applicable mandatory law.
- Manipulating trading mechanisms, making false offers or distorting the market in any way.
05. User Registration and Account
To access certain functionalities (trading platform, transaction history, shipment management, etc.), the User must create an account providing truthful, complete and updated information. The User is solely responsible for maintaining the confidentiality of their access credentials and for all activities that occur under their account. HSO reserves the right to suspend or cancel any account that violates these Terms or that, at its sole discretion, poses a risk to the security or integrity of the system.
06. Products and Services; general terms of sale
The acquisition of any product or service shall be governed by these Terms and, additionally, by the Terms and Conditions for Sale and the Refund Policy. Prices are expressed in US dollars (USD) and do not include taxes, tariffs, freight or insurance unless expressly stated otherwise. Payments are processed through PCI-DSS certified gateways and HSO does not store full payment card data. Delivery of physical products is governed by the Incoterms 2020 agreed in the order confirmation, and delivery times are estimates.
07. Software and Platform License
HSO grants the User a non-exclusive, non-transferable, revocable and limited license to use the digital platforms and the Software exclusively in accordance with the technical documentation provided and for its legitimate commercial purposes. The User does not acquire ownership of the Software, but only the right of use under the stipulated terms. Assignment, sublicense, distribution, unauthorized modification, or removal of any copyright or proprietary notices is strictly prohibited.
08. Use of APIs
The APIs made available by HSO are intended to facilitate interoperability with the Customer’s systems. Access is subject to compliance with published rate limits, confidential custody of security credentials (API keys, tokens) and the prohibition of mass data extraction (scraping) without prior authorization. HSO may monitor usage and suspend access in the event of abusive, fraudulent activities or those that pose a security risk, without prior notice and without any liability.
09. Data Handling and Privacy Regulatory Compliance
HSO processes personal data in accordance with its Privacy Policy and the privacy and data security laws that apply depending on the data subject, location, activity and processing context. HSO may voluntarily adopt good practices inspired by regulatory frameworks such as the Florida Digital Bill of Rights, the CCPA/CPRA and the GDPR, without acknowledging that any specific regime applies where its thresholds or requirements are not met.
10. Regulatory Compliance in the Oil & Gas, Trade and Logistics Sector
HSO, depending on its role in each transaction, will comply with and require Users to comply with the rules applicable to trading, transportation, storage, import, export, blending, distribution or logistics of energy products, including, where applicable, EPA environmental and fuel regulations, DOT/PHMSA hazardous materials rules under 49 CFR, export controls and sanctions administered by OFAC and BIS/EAR, FERC requirements where applicable, state weights and measures rules, Incoterms 2020 and, for maritime transport, the contractual regime actually applicable, including US COGSA or the Hague-Visby Rules where appropriate. HSO does not assume that the User conducts extractive activities and does not provide specific legal or regulatory advice.
11. Intellectual Property
All contents of the Site, the Software, the APIs, trademarks, logos, trade names, texts, graphics and other elements are the exclusive property of HSO or its licensors, and are protected by the intellectual property laws of the United States (including the Lanham Act and the Digital Millennium Copyright Act) and international treaties. No provision of these Terms transfers any ownership right to the User.
12. Third-Party Links
The Site may contain links to third-party websites for the User’s convenience. HSO does not exercise control over such sites and is not responsible for their content, privacy policies or practices. The inclusion of a link does not imply approval, sponsorship or recommendation.
13. Limitation of Liability
To the fullest extent permitted by applicable law, HSO shall not be liable for indirect, incidental, special, punitive or consequential damages, including loss of profits, business interruption, loss of data or loss of business opportunities. Unless the specific contract establishes a different limit, the total cumulative liability of the Contracting Entity to the User shall not exceed the amount actually paid by the User to that Contracting Entity for the specific product or service giving rise to the claim during the six (6) months preceding the triggering event. Nothing in these Terms shall limit or exclude liability for willful misconduct, fraud, gross negligence, personal injury, death or any liability that cannot be excluded or limited under mandatory law.
14. Indemnification
The User undertakes to defend, indemnify and hold harmless HSO, its directors, employees, agents and successors from any claim, demand, damage, cost or expense (including reasonable attorneys’ fees) arising from the breach of these Terms, the misuse of the Services or the infringement of third-party rights.
15. Applicable Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws rules, and with supplementary application of the laws of the State of Mississippi with respect to entities registered in the latter. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. Any controversy arising in connection with these Terms shall be submitted to the exclusive jurisdiction of the state or federal courts located in Miami-Dade County, Florida, or, for claims involving only Mississippi entities, in Panola County, Mississippi, and the Parties waive any other jurisdiction that may correspond to them.
16. Dispute Resolution and Arbitration
Any dispute that the Parties agree to submit to arbitration shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its current Commercial Rules. Arbitration shall be mutual, the seat shall be Miami, Florida, the language shall be English, and the award may be enforced in any competent court. Nothing shall prevent either Party from seeking injunctive relief, intellectual property protection, collection of undisputed amounts or urgent measures before a competent court.
16 bis. Governing Language
This document may be published in Spanish and English versions. In the event of any discrepancy, inconsistency or ambiguity between the two versions, the English version shall prevail, unless a specific agreement signed by the Parties expressly provides otherwise.
17. Modifications
HSO reserves the right to modify these Terms at any time. Modifications shall take effect on the date of their publication on the Site. Continued use of the Services after the publication of changes constitutes acceptance of the new terms. It is the User’s responsibility to periodically review the legal content.
18. Contact
For any questions regarding these Terms, you may contact:
- Email: legal@huronsmithoil.com
- Phone: +1 (866) 954-5938
- Postal Address: 204 Hays St, Batesville, Mississippi, 38606, USA