Updated: September 20, 2020
- User’s Acknowledgment and Acceptance of Terms
- Description of Services
Wellsite Direct connects oilfield Suppliers with a network of Independent Sales Agents for the purpose of product and service solicitation on behalf of the Supplier for a commission. We make various services available on this Site including, but not limited to, providing access to an on-demand sales force of experienced oil and gas consultants that market and sell products and services. It is up to each Independent Sales Agent to provide such service. We will not assess the suitability, legality or ability of any Independent Sales Agent.
The use of this Site does not entitle you to engage in communication or direct activities with Independent Sales Agents in a manner that represents an Employer/Employee relationship. You understand that Independent Sales Agents are independent contractors of Wellsite Software, LLC and may not assume or create obligations on Wellsite’s behalf or take action that creates the appearance of such authority. It is the responsibility of the Supplier user to address and adhere to compliance standards surrounding the nature of their relationship with any Independent Sales Agents. The Supplier shall seek advice and guidance on their own accord to ensure compliance with Federal statutes and regulations.
You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and modem; and your own Internet access (including payment of telephone service fees associated with such access).
You understand and agree that temporary interruptions of the services available through this Site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Site, and therefore, delays, and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.
You understand and agree that we have no control over the quality, safety, or legal aspects of the oilfield operations and transactions that take place as a result of interactions through our website, including, but not limited to, the ability of users to transport or ship materials or the ability of users to complete or fulfill any transactions entered into by way of our platform. We generally do not pre-qualify or verify users with respect to licensure, insurance, certification or other quality requirements that may be involved in a user’s business. You are responsible for investigating the background of any user you transact with through our Site.
You may not list any product on our Site that violates any applicable law, rule, statute, ordinance, regulation or prohibited items. It is users’ responsibility to ensure compliance with any and all local, state and federal requirements involved in selling, shipping, buying and transporting materials, equipment or products.
Wellsite Software, LLC does not provide any transportation or shipment services for any materials, equipment or products listed through our Site by other users. The delivery of any materials, equipment or products is the responsibility of the Supplier user unless otherwise agreed upon with another user. You are responsible for any agreement you enter into with any user on this Site and agree that our providing of this platform and facilitating connections between users in no way makes Wellsite Software, LLC a party to the contractual agreement between you and another user. All communication related to the delivery of any materials, equipment or products is done between Supplier and Customer outside of our platform. Supplier is responsible for updating the status of the order so that the Independent Sales Agent is notified.
- User Designations
Wellsite provides platforms for several types of users of the Site that shall be broken down in this section. If you have any questions regarding any of these designations, please contact us at firstname.lastname@example.org.
- Supplier Users
- Our Suppliers consist of Suppliers of oil and gas materials, equipment or products that use our Site as a platform to connect with Independent Sales Agents who can be contracted to find potential Buyers.
- Independent Sales Agent Users
- Our sales agents are independent contractors working with Wellsite Software, LLC to make available their resume and credentials through our Site. Independent Sales Agents may be contracted by oilfield Suppliers in order to find potential Buyers and sell the materials, equipment or products of Suppliers.
- Customer or Buyer
- This Site may refer to “Customers” or “Buyers” from time to time in order to reference oil companies which are in the market for certain materials, equipment or products which a Supplier user may offer for sale.
- These users do not have access to our services and may not create an account on our Site.
Users may cancel their account by sending an e-mail to email@example.com. There may be a delay of up to three (3) days from the time we receive a cancellation request until the request is processed. If you cancel your subscription, you will be charged for that month’s full billing cycle and your subscription will be cancelled thereafter. Your access to our Site and your account will remain open until the end of the billing cycle.
- Registration Data and Privacy
In order to access some of the services on this Site, you will require a separate account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”) and maintaining and updating your Registration Data as required. You understand that Suppliers cannot create Independent Sales Agent accounts, and Independent Sales Agents cannot create Supplier accounts. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
The Supplier user must have the authority to register an account on behalf of the Supplier company.
- Payment Terms
If you subscribe to a service on this Site that requires payment of a fee, you agree to pay all fees associated with such service. As the Supplier you are responsible for setting the rate of commission for your products or services. The commission rate you set will equal the fee you pay to Wellsite Software, LLC based on the net invoice amount of each successful sale. A successful sale shall occur when a Customer accepts a sales proposal that was presented by an Independent Sales Agent. You understand you have full control over the commission rate you set on your company profile through Wellsite Direct. Wellsite Software, LLC makes its money by taking a commission fee for facilitating a transaction. Any materials, equipment or products that are listed and sold by the Supplier will result in an invoice to the Supplier company.
In addition, you agree to pay a monthly fee for use of services. For all charges for subscription services on this Site, we will bill your credit card. Recurring charges are billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within thirty (30) days of the change.
If, for any reason, your credit card company refuses to pay the amount billed for the service, you agree that we may, at our option, suspend or terminate your subscription to the service and require you to pay the overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts.
You agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service.
In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
You understand that our platform only facilitates transactions between Supplier, Independent Sales Agent, and Customer and we do not get involved in the actual delivery of any materials, equipment or products being sold or the invoice between Supplier and Customer. However, we do have to track the status of the job and associated debits and credits, as it affects the net invoice amounts and the fee Supplier pays Wellsite Direct and the commission Wellsite Direct pays to the Independent Sales Agent that sold the job. For this reason, you understand and agree to the following procedures:
- Requests for credits (price concession) made by Customer and received by the Independent Sales Agent or Supplier shall be entered into the platform by the receiving party within 24 hours of being notified. Our platform will notify the other party that a request has been entered.
- Supplier shall contact Independent Sales Agent by telephone no later than 48 hours after the request was entered (even if the e-mail notification fails) to discuss the details of the job and possible resolution.
- Negotiation shall be handled through direct communication between the Independent Sales Agent and the Supplier. The Independent Sales Agent shall represent both parties in order to resolve any possible credit delays and minimize the potential for prolonging the process.
- Supplier is responsible for entering the final credit into the system within 48 hours of resolution. If Supplier fails to enter the credit into the system within 20 days, Supplier agrees to pay commission on the full net invoice amount.
- If a Customer cancels an order, the Independent Sales Agents and Supplier are responsible for updating the status of the order so that the other party is notified.
- If the Supplier fails to perform (operationally), a credit may be requested and negotiated. This could result in a reduction of the Independent Sales Agent’s commission payment due to a price concession given by Supplier. All disputes and requests of credits for services contracted for or materials, equipment or products purchased from users on our Site will be handled according to the terms of your agreement with said user.
- Subscription fees paid by Supplier for use of Wellsite are due within net 10 days from the date they are invoiced.
- Supplier agrees not to alter the commission rate during the course of a sale and agrees only to modify the commission rate when there are no current sales in process.
- Supplier agrees to pay commission fee to Wellsite Software, LLC within net 30 days from the date services and/or products have been delivered to Customer.
- Supplier understands that payment to Independent Sales Agents is made directly by Wellsite Software, LLC from the commission fee paid by Supplier and failure to remit payment of commission within net 30 days will result in a delay of payment to Independent Sales Agents for which we may assess late penalties and interest to Supplier.
- You are liable for all transaction taxes on the services provided under this Agreement (other than taxes based on Wellsite Software, LLC’s income).
- Wellsite Software, LLC, at its sole discretion, may make promotional offers with different features and different rates to any of our Users. These promotional offers, unless made to you, shall have no bearing whatsoever on your current agreement or terms with us.
Wellsite Software, LLC does not set pricing directly or collaborate with any user to set pricing for any materials, equipment or products offered on our Site by another user.
- Conduct on Site and Mobile Applications
Your use of the Site is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the Site. By posting information in or otherwise using any communications service or other interactive service that may be available to you on or through this Site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
(a) Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
(b) Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(c) Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
(d) Diverts business or traffic away from https://direct.wellsite.com;
(e) Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
(f) Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
(g) Impersonates any person or entity, including any of our employees or representatives.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with anyone else’s use and enjoyment of the Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
- Mobile Device and Services
Wellsite Software, LLC provides certain services available via mobile device including the ability to browse services and Site from a mobile device, access certain features through an application downloaded and installed on a mobile device and make in-app purchases via mobile device (collectively referred to as “Mobile Services”). By accessing and using our Site on your mobile device and/or purchasing, downloading and using our Mobile Services, you acknowledge and agree that you may receive certain communications from the Mobile Services (such as SMS, MMS, text messages, mobile e-mails, or other electronic communications means). Delivery of our services may only be available where network is available.
You understand and agree that by accessing and using our Mobile Services, you may incur fees from the provider or carrier of the mobile services that you use and you are solely responsible for the payment of such fees, including for text messages and data. You understand and agree that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply, regardless of whether or not we charge a fee for our services. Not all Mobile Services may work with all carriers or devices.
- Reviews & Ratings
Reviews and ratings are not endorsed by us and do not represent the views of the Wellsite Software, LLC or its affiliates. We are neither responsible for the accuracy or reliability of, any review or rating made by anyone other than an authorized Wellsite Software, LLC spokesperson speaking in his/her official capacity nor assume any liability for the contents of any review or rating submitted by third party users of the Site or any claim for economic loss resulting.
- Third Party Sites and Information
This Site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
During your use of our Services you may not solicit the business of (or procure or assist in the soliciting of) or accept (or procure the acceptance of) business from an Independent Sales Agents of Wellsite Direct who is known to Supplier because of its association with Wellsite Direct for the purposes of competing with Wellsite Direct;
You agree that the data exchanged between you as Supplier and any Independent Sales Agent you contact or transact with is to be kept confidential and not to be disclosed to any unauthorized third party or used for any purpose not directly related to the transaction agreed to.
You also understand that while we encourage the confidentiality between users, we cannot control or monitor all user actions and are not responsible for any information that is not kept confidential. Any questions as to how a user stores and protects such information should be directed toward the individual user.
- Intellectual Property Information
Copyright © 2020 Wellsite Software, LLC All Rights Reserved.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties. See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Site, Services, or any intellectual property rights owned by Wellsite Software, LLC or its Affiliates. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site.
- User’s Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals; accordingly, we request that you do not submit them to us in any circumstance.
We respect the intellectual property of others and we ask you to do the same. If you or any user of this Site believes its copyright, trademark, or other property rights have been infringed by a posting on this Site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed;
(c) Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
(d) Identification of the material that is claimed to be infringing, or to be subject to infringing activity, and that is to be removed and information reasonably sufficient to permit us to locate the materials;
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
Wellsite Software, LLC
Attention: Legal Department
PO BOX 131111
Houston, Texas 77219
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
- Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (a) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Site, you may have opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any goods or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance, and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such goods and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through this Site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with Wellsite Software, LLC. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Wellsite Software, LLC spokesperson speaking in his/her official capacity.
Under no circumstances will Wellsite Software, LLC or its Affiliates be liable for any loss or damages caused by your reliance on information or advice obtained through this Site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, user listings or other content available on or through this Site.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; CONSEQUENTLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS AND OILFIELD OPERATIONS THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, THE SELECTION OF TOOLS, MISSED OR LATE DELIVERY, NON-PRODUCTIVE TIME, OR INCORRECT OR MISSING INFORMATION ABOUT A JOB.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT WE DO NOT PERFORM BACKGROUND CHECKS ON ALL USERS. WE DO NOT ATTEMPT TO VERIFY THE QUALIFICATION OR LISTINGS OF OUR USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. WELLSITE SOFTWARE, LLC IS NOT LIABLE FOR ANY ILLEGAL ACTIVITY ON THE PART OF THE SUPPLIER OR INDEPENDENT SALES AGENT, INCLUDING WITHOUT LIMITATION, FRAUD OR FICTITIOUS BID REQUESTS.
NO USER IS OBLIGATED TO MEET OFFLINE WITH ANY OTHER USER. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SITE. YOU UNDERSTAND THAT WE MAKE NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE EXPERIENCE WITH USERS YOU MEET THROUGH THE SITE. YOU DO SO AT YOUR OWN RISK AND AT YOUR OWN PERIL.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; CONSEQUENTLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
- Participation in Promotions
From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.
- E-mail Services
We may make e-mail services available to users of our Site, either directly or through a third-party provider.
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited mailings (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect and we will not be responsible for any legitimate communication that is blocked or for any unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block e-mail messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
You understand and agree that you shall not use our e-mail services for any other purpose besides interacting with us, Independent Sales Agents, and/or Customers.
- Use of Site and Storage of Material
You acknowledge that we may establish general practices and limits concerning use of the services available on our Site, including without limitation the maximum number of days that uploaded content will be retained on the Site, the maximum disk space that will be allotted or our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Site.
The accounts of our users operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities.
This Site is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although we take reasonable precautions to preserve and protect the material you upload to the Site, you should not rely on the Site as your only storage facility. You should preserve backup copies of any digital data, information, or other materials that you have uploaded. You agree not to hold us for any damage to, any deletion of, or any failure to store your files, data, or Registration Data.
- Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made, and acts or omissions that occur through, the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
- Export Controls
Software available on or through this Site is subject to United States Export Controls. No software from this Site may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country listed above or of any such country listed on any list named above.
- International Use
Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing the Site from territories where the contents of the Site are considered to be illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.
- Termination of Use
We may elect to resolve any controversy or claim arising out of or relating to these Terms or the Site, by mediation. The mediator shall be chosen by Wellsite Software, LLC and all mediation proceedings shall take place in Harris County, Texas. In the event a dispute is not resolved via mediation, all suits should be filed in accordance with section 26, below.
- Governing Law
This Site (excluding any linked sites) is controlled by us from our offices within the State of Texas, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Texas, by accessing this Site, both of us agree that the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site and the purchase of products and services available through this Site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Harris County and the United States District Court for the Southern District of Texas with respect to such matters.
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to us must be sent to the attention of Customer Service at firstname.lastname@example.org, if by e-mail, or at 330 Rayford Road, Suite 359, Spring, Texas 77386 if by conventional mail. Notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Site to inform you of changes to the Site or other matters of importance. Such broadcasts shall constitute notice to you.
- Entire Agreement
You agree not to sell, resell, reproduce, duplicate, copy, or use for any commercial purposes any portion of this Site or use of or access to this Site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
- Contact Information