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Additional
Terms and Conditions
Agreement between user and www.petrocubic.comWelcome to www.petrocubic.com. The www.petrocubic.com website (the "Site") is comprised of various web pages operated by PetroCubic Solutions, LLC ("PetroCubic"). www.petrocubic.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.petrocubic.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Privacy
Your use of www.petrocubic.com is subject to PetroCubic's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.petrocubic.com or sending emails to PetroCubic constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your account
If you use this site, you are responsible for maintaining the confidentiality of your
account and password and for restricting access to your computer, and you agree to
accept responsibility for all activities that occur under your account or password. You
may not assign or otherwise transfer your account to any other person or entity. You
acknowledge that PetroCubic is not responsible for third party access to your account that
results from theft or misappropriation of your account. PetroCubic and its associates
reserve the right to refuse or cancel service, terminate accounts, or remove or edit content
in our sole discretion.
PetroCubic does not knowingly collect, either online or offline, personal information
from persons under the age of thirteen. If you are under 18, you may use
www.petrocubic.com only with permission of a parent or guardian.
Links to third party sites/Third party services
www.petrocubic.com may contain links to other websites ("Linked Sites"). The Linked
Sites are not under the control of PetroCubic and PetroCubic 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. PetroCubic is providing these links to
you only as a convenience, and the inclusion of any link does not imply endorsement by
PetroCubic of the site or any association with its operators.
Certain services made available via www.petrocubic.com are delivered by third party
sites and organizations. By using any product, service or functionality originating from
the www.petrocubic.com domain, you hereby acknowledge and consent that PetroCubic
may share such information and data with any third party with whom PetroCubic has a
contractual relationship to provide the requested product, service or functionality on
behalf of www.petrocubic.com users and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
www.petrocubic.com strictly in accordance with these terms of use. As a condition of
your use of the Site, you warrant to PetroCubic that you will not use the Site for any
purpose that is unlawful or prohibited by these Terms. You may not use the Site in any
manner which could damage, disable, overburden, or impair the Site or interfere with any
other party's use and enjoyment of the 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 Site.
All content included as part of the Service, such as text, graphics, logos, images, as well
as the compilation thereof, and any software used on the Site, is the property of
PetroCubic or its suppliers and protected by copyright and other laws that protect
intellectual property and proprietary rights. You agree to observe and abide by all
copyright and other proprietary notices, legends or other restrictions contained in any
such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or
sale, create derivative works, or in any way exploit any of the content, in whole or in part,
found on the Site. PetroCubic content is not for resale. Your use of the Site does not
entitle you to make any unauthorized use of any protected content, and in particular you
will not delete or alter any proprietary rights or attribution notices in any content. You
will use protected content solely for your personal use, and will make no other use of the
content without the express written permission of PetroCubic and the copyright owner.
You agree that you do not acquire any ownership rights in any protected content. We do
not grant you any licenses, express or implied, to the intellectual property of PetroCubic
or our licensors except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums,
communities, personal web pages, calendars, and/or other message or communication
facilities designed to enable you to communicate with the public at large or with a group
(collectively, "Communication Services"), 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: defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute
or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or
unlawful topic, name, material or information; 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;
upload files that contain viruses, corrupted files, or any other similar software or
programs that may damage the operation of another's computer; advertise or offer to sell
or buy any goods or services for any business purpose, unless such Communication
Service specifically allows such messages; conduct or forward surveys, contests, pyramid
schemes or chain letters; 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; 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, restrict or inhibit any other user from using and
enjoying the Communication Services; violate any code of conduct or other guidelines
which may be applicable for any particular Communication Service; harvest or otherwise
collect information about others, including e-mail addresses, without their consent;
violate any applicable laws or regulations.
PetroCubic has no obligation to monitor the Communication Services. However,
PetroCubic reserves the right to review materials posted to a Communication Service and
to remove any materials in its sole discretion. PetroCubic reserves the right to terminate
your access to any or all of the Communication Services at any time without notice for
any reason whatsoever.
PetroCubic reserves the right at all times to disclose any information as necessary to
satisfy any applicable law, regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in whole or in part, in
PetroCubic's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. PetroCubic does not control or
endorse the content, messages or information found in any Communication Service and,
therefore, PetroCubic specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized PetroCubic
spokespersons, and their views do not necessarily reflect those of PetroCubic.
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 upload the materials.
Materials provided to www.petrocubic.com or posted on any PetroCubic web page
PetroCubic does not claim ownership of the materials you provide to
www.petrocubic.com (including feedback and suggestions) or post, upload, input or
submit to any PetroCubic Site or our associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting your Submission you
are granting PetroCubic, our affiliated companies and necessary sublicensees permission
to use your Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Submission; and to publish
your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided
herein. PetroCubic is under no obligation to post or use any Submission you may provide
and may remove any Submission at any time in PetroCubic's 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.
Non-Circumvention
By registering at Site you agree to make and receive payments only through PetroCubic and by the methods listed in FAQ/fees section. Thus for 12 months from the time you identified a consultant or a client using the Site you agree to use PetroCubic as an exclusive method for payments. If you decide to take it out of the website (ex. make a permanent hire) there is an option to do it, please contact us.
International Users
The Service is controlled, operated and administered by PetroCubic from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the PetroCubic Content accessed through www.petrocubic.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless PetroCubic, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. PetroCubic reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PetroCubic in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN
OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. PETROCUBIC SOLUTIONS LLC AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT
ANY TIME.
PETROCUBIC SOLUTIONS LLC 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 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. PETROCUBIC SOLUTIONS LLC
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 APPLICABLE LAW, IN NO
EVENT SHALL PETROCUBIC LLC AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE
SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
PETROCUBIC SOLUTIONS LLC OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
SITE.
Termination/access restriction
PetroCubic reserves the right, in its sole discretion, to terminate your access to the Site
and the related services or any portion thereof at any time, without notice. To the
maximum extent permitted by law, this agreement is governed by the laws of the State of
Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas
in all disputes arising out of or relating to the use of the Site. Use of the Site is
unauthorized in any jurisdiction that does not give effect to all provisions of these Terms,
including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists
between you and PetroCubic as a result of this agreement or use of the Site. PetroCubic's
performance of this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of PetroCubic's right to comply with
governmental, court and law enforcement requests or requirements relating to your use of
the Site or information provided to or gathered by PetroCubic with respect to such use. If
any part of this agreement 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 agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement
between the user and PetroCubic with respect to the Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written,
between the user and PetroCubic with respect to the Site. A printed version of this
agreement and of any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same extent
and subject to the same conditions as other business documents and records originally
generated and maintained in printed form. It is the express wish to the parties that this
agreement and all related documents be written in English.
Changes to Terms
PetroCubic reserves the right, in its sole discretion, to change the Terms under which www.petrocubic.com is offered. The most current version of the Terms will supersede all previous versions. PetroCubic encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
PetroCubic welcomes your questions or comments regarding the Terms.
Effective as of February 02, 2017