AGREEMENT BETWEEN USER AND SES
The Select Energy Services, LLC, including its parents, subsidiaries and affiliates, (collectively referred to as “SES”) Web site is comprised of various Web pages operated by SES. “SES Web Site” shall be defined herein to include www.selectenergyservices.com and all other Web pages operated exclusively by SES (“Services”).
SES reserves the right to change the terms, conditions, and notices under which the SES Web Site is offered. You may not use the SES Web Site and may not accept the Terms if you are a person barred from using services that SES provides under the laws of any country in which you are resident or from which you use the Services. SES reserves the right to disclose aggregated data, information or statements we publish without attribution to any identifiable individual or specific data or statements that you separately and specifically agree we can share with the larger public or media, without infringing upon the user’s confidentiality.
LINKS TO THIRD PARTY SITES
The SES Web Site may contain links to other Web sites (“Linked Sites”). The Linked Sites are not under the control of SES and SES is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SES is not responsible for webcasting or any other form of transmission received from any Linked Site. SES is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SES of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the SES Web Site, you warrant to SES that you will not use the SES Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the SES Web Site in any manner that could damage, disable, overburden, or impair the SES Web Site or interfere with any other party’s use and enjoyment of the SES Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the SES Web Site.
PASSWORDS AND ACCOUNT SECURITY
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
Accordingly, you agree that you will be solely responsible to SES for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify SES immediately.
USE OF COMMUNICATION SERVICES
The SES Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities (collectively, “Communication Services”) designed to enable you to communicate with the public at large or with a group. You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not (1) advertise or offer to sell or buy any goods or services for any business purpose; (2) conduct or forward surveys, contests, pyramid schemes or chain letters; (3) download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; (4) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (5) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; (6) upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; (7) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; (8) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; (9) harvest or otherwise collect information about others, including e-mail addresses, without their consent; (10) restrict or inhibit any other user from using and enjoying the Communication Services; (11) violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service; or (12) violate any applicable laws or regulations.
SES has no obligation to monitor the Communication Services. However, SES reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. SES does not control or endorse the content, messages or information found in any Communication Service and, therefore, SES specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO SES OR POSTED TO ANY SES WEB SITE
SES does not claim ownership of the materials you provide to SES (including feedback and suggestions) or post, upload, input or submit to any SES Web Site (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission, you are granting SES and necessary sublicensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; none of which will reveal your name in connection with your Submission unless you, the individual user, agree to permit such in a separate agreement with SES. No compensation will be paid with respect to the use of your Submission, as provided herein. SES is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in SES sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SES WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION IN THE SES WEB SITE. SES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SES WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE SES WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, BUSINESS, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
SES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SES WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SES reserves the right, in its sole discretion, to edit, refuse to post, or remove any information or materials, in whole or in part, or to terminate your access to the SES Web Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, the Terms are governed by the laws of the State of Texas, and you hereby consent to the exclusive jurisdiction and venue of courts in the State of Texas, Harris County in all disputes arising out of or relating to the use of the SES Web Site. Use of the SES Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and SES as a result of the Terms or use of the SES Web Site.
SES’s performance of the Terms is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of SES right to comply with governmental, court and law enforcement requests or requirements relating to your use of the SES Web Site or information provided to or gathered by SES with respect to such use. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. Unless otherwise specified herein, the Terms constitute the entire agreement between the user and SES with respect to the SES Web Site and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SES with respect to the SES Web Site. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
PRIVACY AND PERSONAL INFORMATION
COPYRIGHT AND TRADEMARK NOTICES
All contents of the SES Web Site are: Copyright 2012 by SES and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted in these Terms are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Service Contact. ALL INQUIRIES NOT SUBMITTED ACCORDING TO THIS PROCEDURE WILL RECEIVE NO RESPONSE.
GENERAL LEGAL TERMS
The Terms constitute the whole legal agreement between you and SES and govern your use of the Services (but excluding any services which SES may provide to you under a separate written agreement), and completely replace any prior agreements between you and SES in relation to the Services. You acknowledge and agree that the form and nature of the Services, which SES provides, may change from time to time without prior notice to you. You agree that SES may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
You agree that if SES does not exercise or enforce any legal right or remedy which is contained in the Terms (or which SES has the benefit of under any applicable law), this will not be taken to be a formal waiver of SES rights and that those rights or remedies will still be available to SES.
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and SES have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the Terms shall continue to apply to such rights, obligations and liabilities indefinitely.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.