Pressure Pumping Services reserves the right to change these Terms from time to time without notice in its sole and absolute discretion. Additional or different Terms, conditions and notices may apply to specific materials, information, products, or services offered through the Pressure Pumping Services Websites. In the event of any conflict, such additional or different terms, conditions and notices will prevail over these Terms. Please see the applicable agreement or notice.
These Terms, together with any additional terms to which you agree when using particular elements of the Pressure Pumping Services Website, constitute the entire and exclusive and final statement of the agreement between you and Pressure Pumping Services with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Pressure Pumping Services with respect to such subject matter. These Terms and the relationship between you and Pressure Pumping Services shall be governed by the laws of the State of Texas as applied to agreements made, entered into and performed entirely in Texas by Texas residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Pressure Pumping Services Websites shall be brought in the Federal or State courts located in Gregg county, Texas, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Pressure Pumping Services to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Pressure Pumping Services and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the Pressure Pumping Services Website. These Terms will be interpreted without application of any strict construction in favor of or against you or Pressure Pumping Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Pressure Pumping Services without restriction.
Pressure Pumping Services reserves all rights to its trademarks, service marks and logos, which together with the trademarks, service marks and logos of subsidiaries of Pressure Pumping Services will be collectively referred to as “Pressure Pumping Services Marks.”
The Pressure Pumping Services Marks are highly valued intellectual property, and therefore Pressure Pumping Services will take the necessary steps to guard against dilution and the use of third-party marks which are confusingly similar to Pressure Pumping Services Marks or which are likely to cause confusion with Pressure Pumping Services Marks.
No employee or other representative of Pressure Pumping Services is authorized to grant permission to use Pressure Pumping Services Marks or to provide guidance in their use, unless licensed within a formal written agreement. Thus, any promise or other representation with respect to Pressure Pumping Services Marks by a Pressure Pumping Services employee in the absence of a formal written agreement cannot be relied upon.
If a formal written agreement licenses one or more of the Pressure Pumping Services Marks, unless the agreement provides other authorization, the use will be in accordance with the guidelines posted at: www.Pressurepumping.com
Pressure Pumping Services does not object to the use of the Pressure Pumping Services Marks (other than logos) to refer specifically to the products of Pressure Pumping Services. However, a purely referential use or nominative fair use of the Pressure Pumping Services Marks must be in plain text. Qualified legal counsel should be consulted in order to distinguish a referential use from an infringing use.
In the United States, registered Pressure Pumping Services Marks should be designated by the symbol “®”, while unregistered Pressure Pumping Services Marks should be identified by a “™” designation. The Pressure Pumping Services Marks must be used as adjectives, rather than as nouns or verbs.
Linking To Pressure Pumping Website
Linking to the Pressure Pumping Services Websites (including an internal or subsidiary page of any website comprising a part of the Pressure Pumping Services Website) must be approved in writing by Pressure Pumping Services, except a limited, revocable right to create a hyperlink to the website is granted under condition that the website on which the hyperlink resides:
- does not utilize content of a Pressure Pumping Services Website;
- does not utilize a Pressure Pumping Services logo;
- does not use framing of a Pressure Pumping Services Website;
- does not misrepresent an affiliation or other relationship with Pressure Pumping Services;
- does not misrepresent any possible endorsement by Pressure Pumping Services;
- does not contain content that could be construed as illegal, distasteful, offensive or controversial; and
- is promptly modified to delete the hyperlink upon request by Pressure Pumping Services.
Links to Third Party Sites
Links on the Pressure Pumping Services Websites to third-party websites are provided solely for your convenience. If you access those links, you will leave the Pressure Pumping Services Website. Pressure Pumping Services does not endorse or make any representations about such third party websites, and Pressure Pumping Services is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on those websites. Pressure Pumping Services does not control those websites, and Pressure Pumping Services is not responsible for the contents of any third-party websites, any links contained in third-party websites or any changes or updates to third-party websites.
You agree to indemnify, defend and hold harmless Pressure Pumping Services, its parents, subsidiaries and other affiliated companies (and the respective officers, directors, employees or agents of any such entities) from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account, computer or software’s) use of the Pressure Pumping Services Website or violation of these Terms. Pressure Pumping Services reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Pressure Pumping Services defense of such claim, and in no event may you agree to any settlement affecting Pressure Pumping Services without Pressure Pumping Services written consent.
When you visit the Pressure Pumping Services Website or send e-mails to Pressure Pumping Services, you are communicating with Pressure Pumping Services electronically. We may respond to you by e-mail or by posting notices on the Pressure Pumping Services Website. You agree that all such notices, disclosures and other communications that Pressure Pumping Services provides to you electronically satisfy any legal requirement that such communications be in writing.
Information on the Pressure Pumping Services Website is not promised or guaranteed to be correct, current or complete, and the Pressure Pumping Services Website may contain technical inaccuracies or typographical errors. Pressure Pumping Services assumes no responsibility (and expressly disclaims responsibility) for updating the Pressure Pumping Services Website to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products or other matters described in the Pressure Pumping Services Website. Pressure Pumping Services provides no assurances that any reported problems will be resolved by Pressure Pumping Services, even if Pressure Pumping Services elects to provide information with the goal of addressing a problem.
ALL INFORMATION, , PRODUCTS AND SERVICES PROVIDED ON THE PRESSURE PUMPING SERVICES WEBSITE ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. PRESSURE PUMPING SERVICES EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PRESSURE PUMPING SERVICES MAKES NO WARRANTY THAT THE PRESSURE PUMPING SERVICES WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE PRESSURE PUMPING SERVICES WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
Limitation of Liability
IN NO EVENT WILL PRESSURE PUMPING SERVICES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF US$100.00, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, REVENUES OR SAVINGS, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRESSURE PUMPING SERVICES WEBSITE OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED ON OR THROUGH THESE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND EVEN IF PRESSURE PUMPING SERVICES HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that Pressure Pumping Services may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Pressure Pumping Services liability shall be the minimum permitted under such applicable law.