Conditions of Use
Last updated: February 25, 2016
Welcome to petroarcintl.com. CoreCatchers LLC and/or its affiliates (“PetroArc International”) provide website features and other products and services to you when you visit petroarcintl.com, use PetroArc International products or services, or use software provided by PetroArc International (“PetroArc Services”). PetroArc International provides PetroArc Services subject to the following conditions.
By using PetroArc Services, you agree to these conditions. Please read them carefully.
We offer a wide range of PetroArc Services, and sometimes additional terms may apply. When you use an PetroArc Service (for example, our software) you also will be subject to the guidelines, terms and agreements applicable to that PetroArc Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
When you use any PetroArc Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any PetroArc Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of PetroArc International or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any PetroArc Services is the exclusive property of PetroArc and protected by U.S. and international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any PetroArc Services are trademarks or trade dress of PetroArc International in the U.S. and other countries. PetroArc International’s trademarks and trade dress may not be used in connection with any product or service that is not PetroArc International’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PetroArc International. All other trademarks not owned by PetroArc International that appear in any PetroArc Services are the property of their respective owners, who may or may not be affiliated with or connected to PetroArc Services.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, PetroArc International grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and commercial use of the PetroArc Services. This license does not include any resale or commercial use of any PetroArc Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any PetroArc Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by PetroArc International or its licensors, suppliers, publishers, rightsholders, or other content providers. No PetroArc Services, nor any part of any PetroArc Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PetroArc International. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PetroArc International without express written consent. You may not use any meta tags or any other “hidden text” utilizing PetroArc International’s name or trademarks without the express written consent of PetroArc International. You may not misuse the PetroArc Services. You may use the PetroArc Services only as permitted by law. The licenses granted by PetroArc terminate if you do not comply with these Conditions of Use or any Service Terms.
COMMUNICATIONS AND OTHER CONTENT
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead PetroArc International or its customers. PetroArc International reserves the right (but not the obligation) to remove or edit such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify PetroArc International for all claims resulting from content you supply. PetroArc International has the right but not the obligation to monitor and edit or remove any activity or content. PetroArc International takes no responsibility and assumes no liability for any content posted by you or any third party.
PETOARC INTERNATIONAL SOFTWARE TERMS
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with PetroArc Services (the “PetroArc Software”).
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE PETROARC SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PETROARC SERVICES ARE PROVIDED BY PETROARC INTERNATIONAL ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PETROARC INTERNATIONAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PETROARC SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PETROARC SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PETROARC SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PETROARC INTERNATIONAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PETROARC INTERNATIONAL DOES NOT WARRANT THAT THE PETROARC SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PETROARC SERVICES, PETROARC INTERNATIONAL’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM PETROARC INTERNATIONAL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PETROARC INTERNATIONAL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PETROARC SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY PETROARC SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any PetroArc Service, or to any products or services sold or distributed by PetroArc International or through petroarcintl.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any PetroArc Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and PetroArc International.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of PetroArc Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
PetroArc International 1095 Evergreen Circle The Woodlands, TX 77380
Additional PetroArc International Software Terms
- Use of the PetroArc Software. You may use PetroArc Software solely for purposes of enabling you to use and enjoy the PetroArc Services as provided by PetroArc International, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the PetroArc Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the PetroArc Software or otherwise assign any rights to the PetroArc Software in whole or in part. You may not use the PetroArc Software for any illegal purpose. We may cease providing any PetroArc Software and we may terminate your right to use any PetroArc Software at any time. Your rights to use the PetroArc Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain PetroArc Software that are specifically identified in related documentation may apply to that PetroArc Software (or software incorporated with the PetroArc Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any PetroArc Service is the property of PetroArc or its software suppliers and protected by United States and international copyright laws.
- No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the PetroArc Software, whether in whole or in part, or create any derivative works from or of the PetroArc Software.
- Updates. In order to keep the PetroArc Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
- Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the PetroArc Software. If you are a U.S. Government end user, we are licensing the PetroArc Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the PetroArc Software are the same as the rights we grant to all others under these Conditions of Use.