Last Updated: June 1, 2019
Your access to and the use of FRACGEO website is subject to the following terms and conditions, “Terms”, as well as all applicable laws. In consideration for making our website available to you, you agree to comply by these Terms, whether or not you are a registered user.
However for those who register for communications by text or e-mail, or who register for online accounts, or provide information for purchases of our services (“Registered Users”) these terms also include an agreement to resolve all disputes only one-on-one, in arbitration (no court trial, no jury trial, no class actions). Please read carefully.
If you use the FRACGEO website, you are responsible for taking reasonable steps to maintain the confidentiality of your account and password and to restrict access to your computer. To the fullest extent allowed by law, you agree to accept responsibility for all activities that occur under your FRACGEO account or password. If you believe that another person has accessed or used your FRACGEO account, you agree to notify us right away.
If you are under 18, only use the FRACGEO website with involvement of a parent or guardian. FRACGEO and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
The FRACGEO website is owned and operated by FRACGEO. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the FRACGEO website (“Materials”) provided by FRACGEO are protected by intellectual property and other laws. All Materials included in the FRACGEO website are the property of FRACGEO or our third-party licensors. Except as expressly authorized by FRACGEO, you may not make use of the Materials. FRACGEO reserves all rights to the Materials not granted expressly in these Terms. FRACGEO reserves all rights not expressly granted to you in these Terms. Except for the limited rights and licenses expressly granted under these Terms, nothing in these Terms grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to the FRACGEO intellectual property.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the website in a manner that sends more request messages to the FRACGEO servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. You agree not to collect or harvest any personally identifiable information for purposes of any commercial solicitation, including account names, from the website, nor to use the communication systems provided by the website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the website with respect to their User Submissions.
You agree to access and use FRACGEO website for lawful purposes, ONLY. By accessing FRACGEO website, you agree that you will NOT knowingly, recklessly, or negligently:
FRACGEO may (in its sole discretion) suspend/terminate your access to or use of FRACGEO website without notification for any violation of these Terms, or for other conduct that FRACGEO deems is harmful/unlawful to others. Note: In the event of termination, you are no longer authorized to access FRACGEO website.
There may be links on FRACGEO website that lead to websites not maintained/operated by FRACGEO (“Links”). FRACGEO does not control the websites referenced by these Links, nor do we review the content of those websites. FRACGEO provides these outside Links to users for their convenience. The listing of Links is not an endorsement of information, products, or services, and does not imply a direct association between FRACGEO and the operators of the Links.
FRACGEO has the right to monitor any content that you upload to the FRACGEO website, or that you send through the website. We reserve the right to delete, move, and/or edit any postings, uploads that come to our attention, which we consider to be unacceptable or inappropriate whether for legal or other reasons. Note: The United States and foreign copyright laws, as well as international conventions, protect the contents of FRACGEO website. (You have agreed to abide by all copyright notices by entering and using FRACGEO website.)
If you choose to provide input or suggestions regarding your experience with the FRACGEO website (“Feedback”), then you hereby grant FRACGEO an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit such Feedback in any manner and for any purpose, including to improve the FRACGEO website and create other products and services.
IN NO EVENT WILL FRACGEO and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “FRACGEO Entities”) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS, GOODWILL, REPUTATION, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, the FRACGEO website OR ANY MATERIALS, PRODUCTS, OR CONTENT AVAILABLE ON OR THROUGH the FRACGEO website, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY FRACGEO ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
THE AGGREGATE LIABILITY OF THE FRACGEO ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF OR ANY INABILITY TO USE ANY PORTION OF the FRACGEO website OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. FURTHERMORE, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
the FRACGEO website AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH the FRACGEO website ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE FRACGEO ENTITIES DISCLAIM, AND YOU HEREBY EXPRESSLY WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO the FRACGEO website AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH the FRACGEO website, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE; AND (C) ANY WARRANTY AS TO WHETHER THE DATA OR OTHER INFORMATION AVAILABLE THROUGH OR TRANSMITTED BY THE FRACGEO website IS TRUE, COMPLETE OR ACCURATE. THE FRACGEO ENTITIES DO NOT WARRANT THAT the FRACGEO website OR ANY PORTION OF the FRACGEO website, OR ANY MATERIALS OR CONTENT OFFERED THROUGH the FRACGEO website, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM the FRACGEO OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH the FRACGEO website WILL CREATE ANY WARRANTY REGARDING ANY OF THE FRACGEO ENTITIES OR THE FRACGEO website THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY HARM OR DAMAGE THAT MAY RESULT TO YOU FROM YOUR USE OF OR ACCESS TO the FRACGEO website, YOUR DEALING WITH ANY OTHER FRACGEO website USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH the FRACGEO website. YOU UNDERSTAND AND AGREE THAT YOU USE the FRACGEO website, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH the FRACGEO website AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH the FRACGEO website), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF the FRACGEO website OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
THE ABOVE PARAGRAPHS APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES, IN PARTICULAR A DISCLAIMER OF WARRANTIES PROVIDED OR IMPLIED BY LAW, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
You agree to defend, indemnify, and hold harmless the FRACGEO Entities from any and all liabilities and costs incurred by us or our employees in connection with any claim arising from any breach by you of these Terms, including reasonable attorney’s fees and costs. You agree to cooperate as fully as may be reasonably possible in the defense of any such claim. FRACGEO reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you. You in turn shall not settle any matter without the written consent of FRACGEO. The terms of this duty to defend, indemnity, and hold harmless are subject to any defense you may have as a matter of law. This duty does not include any liabilities or costs which arise as a result of intentional wrongdoing, recklessness, or negligence on the part of the indemnified parties.
FRACGEO can choose to discontinue or change the content and function of this website at any time. You agree not to rely on FRACGEO to continue to provide the website, in this form or at all. Changes to the website will not affect the economic terms of any pending transaction.
The website is controlled and offered by FRACGEO from its facilities in the United States of America. FRACGEO makes no representations that the FRACGEO website is appropriate or available for use in other locations. Those who access or use the FRACGEO website from other jurisdictions do so at their own volition and are responsible for compliance with the laws of their home jurisdictions.
FRACGEO reserves the right to modify or supplement these Terms at any time. If we make any material changes to these Terms, we will post a notice about the change at a prominent location on our web site. If you continue to use the website after reasonable notice of these changes, you accept the modifications to the Terms.
Any legal or equitable dispute between you and FRACGEO (“we” or “us”) relating in any way to this Website is a “Claim”. For example, Claims can arise under federal or state law. Claims can assert violations of statute, breach of contract, torts, frauds, or misrepresentations. Those are just examples. Any dispute which could form the basis of a legal Complaint in a courtroom is a Claim.
Individual claims that can be brought and completely resolved in small claims court and/or claims related to the ownership of FRACGEO intellectual property are “Excepted Claims”.
All Claims, other than Excepted Claims, are Covered Claims.
You and we agree to mandatory, binding arbitration of Covered Claims by the American Arbitration Association (“AAA”). More information about AAA can be found at https://www.adr.org/Arbitration.
Any arbitration must be filed with AAA at https://www.adr.org/Support or by such means as AAA shall make available. All issues are for AAA to decide, except that disputes relating to the scope, application, and enforceability of these Mandatory Dispute Resolution Terms are for a Court to decide (if you and we cannot agree).
You and we agree to be subject to the personal jurisdiction of Texas courts of with respect to any Covered Claim. You and we submit to the jurisdiction of the federal and State Courts surrounding Houston, Texas to (1) enforce the terms of this Mandatory Dispute Resolution Agreement, (2) to address disputes regarding the scope, application, and enforceability of these Mandatory Dispute Resolution Terms, (3) for the appointment of a substitute arbitrator as needed (see below), and (4) to enter any award rendered by the arbitrator.
AAA will adjudicate the Covered Claims in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes.
You and we agree not to bring or participate in any class action regarding a Claim. You and we agree that AAA only has authorization to conduct arbitration of Covered Claims on an individual basis. You and we do not give AAA permission to arbitrate Your claim in conjunction with any Claim asserted by anyone else.
In the event that AAA cannot or will not perform arbitration in accordance with the provisions of this agreement, either (a) the parties may agree to another arbitrator or, if no such agreement is had, (b) a court shall appoint one according to the provisions of the Federal Arbitration Act, 9 U.S. Code § 5.