LEGAL NOTICES TERMS OF USE Welcome to www.fractechltd.net (the“Site”). The Site is operated by Frac Tech Services, Ltd. (“FTS”). Please read these Terms of Use carefully before using this Site. By using this Site, you agree to be bound by these Terms of Use. These Terms of Use apply exclusively to your access to, and use of, this Site and do not alter in any way the terms and conditions of any other agreement you may have or enter into with FTS for products, services or otherwise. INTELLECTUAL PROPERTY RIGHTS All materials contained on this Site, including text, images, logos and or other material, and all intellectual property rights thereto, including copyrights, trademarks, service marks, trade names and trade dress, are, unless otherwise noted, owned by FTS or its affiliates. Except as specifically noted herein, no right or license is granted to you under any copyright, patent, trademark or other intellectual property law. From time to time, FTS may make fair use in this Site of trademarks owned and used by third parties. When used, such marks are clearly noted and FTS makes no claim to ownership of those marks. You agree not to copy, reproduce, republish, transmit, modify or distribute any of the content contained on this Site, except for your personal, noncommercial use, without obtaining the prior written consent of FTS. These rights are valid and protected in all forms, media and technologies existing now or hereafter developed. You are prohibited from using this Site to infringe on any person’s copyright, trademark, trade secret, patent or other intellectual property rights. CONTENT DISCLAIMER YOUR USE OF THIS SITE AND ITS CONTENT IS AT YOUR SOLE RISK. THE CONTENT ON THIS SITE IS PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’. WE DO NOT REPRESENT THAT THE CONTENT WILL BE RELIABLE, SECURE, UNINTERRUPTED, ERROR FREE, TIMELY, FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, OR THAT DEFECTS WILL BE CORRECTED. NEITHER FTS NOR ANY OF ITS AFFILIATES, PARTNERS OR EMPLOYEES, MAKES ANY REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO THE TIMELINESS, ACCURACY OR COMPLETENESS OF ANY OF THE CONTENT OF THIS SITE, AND EXPRESSLY DISCLAIM ANY LIABILITY OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. FTS EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACTION OR FAILURE TO TAKE ACTION, IN RELIANCE ON ANY OF THE CONTENT OF THIS SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH ANY OF THE CONTENT IS TO REFRAIN FROM USING THIS SITE. LINKS TO OTHER WEBSITES This Site may include links to other Internet sites that are beyond the control of FTS. FTS is not responsible for the content of any such sites, makes no representations regarding such sites, cannot guarantee their practices regarding data privacy, and does not necessarily endorse or approve of the information, material, products and services offered by such sites. You acknowledge and agree that your linking to other sites, your use of such sites, and your use of any information, material, products and services offered by such sites, are solely at your own risk. USE OF SITE Your use of this Site must always comply with applicable law. In particular, but without limitation, you agree not to use this Site to:
FTS makes no representation regarding accessing the materials on this Site from jurisdictions where their content are illegal or prohibited. Users who choose to access this Site from other jurisdictions do so at their own risk and are responsible for compliance with local laws and regulations. FTS may terminate your access to this Site at any time and for any or no reason. SUBMISSIONS FTS has the right to use, without any payment or accounting to you or others, any concepts, ideas, plans, creative materials, or other information which you (and those on your behalf) transmit to or through this Site, unless otherwise agreed in writing by you and FTS. CHILDREN’S PRIVACY This Site is not directed at children under the age of 13 and does not knowingly collect personal information from children under the age of 13. If FTS obtains actual knowledge that it has obtained personal information about a child under the age of 13, that information will be immediately and permanently deleted from our records. LIMITATION OF LIABILITY AND INDEMNIFICATION IN NO EVENT SHALL FTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS FTS, ITS OWNERS, PARTNERS, AFFILIATES, AGENTS AND EMPLOYEES, AND THEIR RESPECTIVE OWNERS, SHAREHOLDERS, UNITHOLDERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF FTS, ITS OWNERS, PARTNERS, AFFILIATES, AGENTS AND EMPLOYEES, AND THEIR RESPECTIVE OWNERS, SHAREHOLDERS, UNITHOLDERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, ARISING FROM OR RELATED TO YOUR USE OF THIS SITE, THE MATERIAL IT CONTAINS, ANY SITES LINKED TO THIS SITE, OR YOUR VIOLATION OF ANY LAW, RULE OR REGULATION. SHOULD THE ABOVE PROVISIONS BE HELD UNENFORCEABLE FOR ANY REASON, IN WHOLE OR IN PART, FTS’S AGGREGATE LIABILITY TO YOU FOR ANY REASON CONNECTED TO YOUR USE OF THIS SITE WILL IN NO EVENT EXCEED THE SUM OF $100.00. ALL OTHER TERMS AND CONDITIONS WILL REMAIN IN EFFECT IN THE EVENT ANY PROVISION SHOULD BE FOUND UNENFORCEABLE. MODIFICATIONS FTS may update, revise, supplement, modify or amend these Terms of Use at any time. Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon posting on this Site. Your use of this Site after such posting constitutes your agreement to such changes. COMPLIANCE WITH LAWS This Site is operated from servers located in the State of Texas. You agree that your use of this Site will be in compliance with all relevant and applicable laws and regulations which shall include, but not be limited to U.S. export control laws and executive orders. IT IS YOUR OBLIGATION TO VERIFY AND COMPLY WITH APPLICABLE LAWS AND REGULATIONS OF THE UNITED STATES CONCERNING YOUR USE OF THIS SITE. You shall be fully liable for any violations of this paragraph. APPLICABLE LAW AND VENUE You agree that these Terms of Use will be interpreted under the laws of the State of Texas, regardless of any conflicts of laws rules, and regardless of the laws of any other jurisdiction which may be asserted. Any dispute or claim which you may have (“Claim”) arising from your access or use of this Site shall first be submitted in writing to FTS within 30 days from the occurrence of the event upon which the Claim is alleged to be based, or such Claim shall be deemed waived. In the event such Claim has been timely submitted to FTS and has not been resolved within a reasonable time, not to exceed 120 days from the date of submission to FTS, any litigation arising between the parties shall be brought only in the state or federal courts having subject matter jurisdiction in Eastland County, Texas. You and FTS hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any action or proceeding in any such court, and any right of jurisdiction on account of the place of residence or domicile of any party thereto. HOW TO CONTACT US |