AGREEMENT BETWEEN USER AND RCK
Rockwater Energy Solutions, including its parents, subsidiaries and affiliates, (collectively referred to as “RCK”) Web site is comprised of various Web pages operated by RCK. “RCK Web Site” shall be defined herein to include www.Rockwaterenergysolutions.com and all other Web pages operated exclusively by RCK (“Services”).
RCK reserves the right to change the terms, conditions, and notices under which the RCK Web Site is offered. You may not use the RCK Web Site and may not accept the Terms if you are a person barred from using services that RCK provides under the laws of any country in which you are resident or from which you use the Services. RCK 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.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THE WEBSITE
From time to time, RCK may make certain documents available at the website for your online review or download. Permission to use documents, copyright by RCK, like press releases, new stories and FAQs from the website or RCK’s servers (the “Documents”) is granted provided that:
An appropriate copyright notice, attributing the copyright to RCK, appears in all copies and that both the copyright notice and this permission notice appear;
Use of the Documents is for informational use only and the Documents will not be copied or posted on any network computer or broadcast in any media; and
No modifications of the Documents are made.
Elements of the website including, but not limited to, the “look and feel,” are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the website may be copied or retransmitted unless expressly permitted by RCK.
LINKS TO THIRD PARTY SITES
The RCK Web Site may contain links to other Web sites (“Linked Sites”). The Linked Sites are not under the control of RCK and RCK 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. RCK is not responsible for webcasting or any other form of transmission received from any Linked Site. RCK is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by RCK of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the RCK Web Site, you warrant to RCK that you will not use the RCK Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the RCK Web Site in any manner that could damage, disable, overburden, or impair the RCK Web Site or interfere with any other party’s use and enjoyment of the RCK 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 RCK Web Site.
MATERIALS PROVIDED TO RCK OR POSTED TO ANY RCK WEB SITE
RCK does not claim ownership of the materials you provide to RCK (including feedback and suggestions) or input or submit to any RCK Web Site (collectively “Submissions”). However, by inputting, providing or submitting your Submission, you are granting RCK 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 RCK. No compensation will be paid with respect to the use of your Submission, as provided herein. RCK is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in RCK sole discretion. By 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 RCK WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION IN THE RCK WEB SITE. RCK AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE RCK WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE RCK 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.
RCK 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 RCK 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. RCK 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.
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 RCK Web Site. Use of the RCK 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 RCK as a result of the Terms or use of the RCK Web Site.
RCK’s performance of the Terms is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of RCK right to comply with governmental, court and law enforcement requests or requirements relating to your use of the RCK Web Site or information provided to or gathered by RCK 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 RCK with respect to the RCK Web Site and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and RCK with respect to the RCK 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 RCK Web Site are: Copyright 2012 by RCK 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 RCK and govern your use of the Services (but excluding any services which RCK may provide to you under a separate written agreement), and completely replace any prior agreements between you and RCK in relation to the Services. You acknowledge and agree that the form and nature of the Services, which RCK provides, may change from time to time without prior notice to you. You agree that RCK 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 RCK does not exercise or enforce any legal right or remedy which is contained in the Terms (or which RCK has the benefit of under any applicable law), this will not be taken to be a formal waiver of RCK rights and that those rights or remedies will still be available to RCK.
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and RCK 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.