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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using
this Website, you acknowledge and confirm your consent to these terms and
conditions of use. If you do not agree to these terms and conditions of use
you must not use this Website.
The Forbes Energy Services, Limited Website (hereinafter "Website") is owned and
operated by Forbes Energy Services, Limited (hereinafter "FES") for your
information and reference. FES welcomes you to browse the Website, with the
understanding that your access to, and use of, the Website is subject to the
specific terms and conditions set forth herein and all applicable Federal, State
and Local laws and regulations. By accessing and browsing the Website, you
accept, without limitation or qualification, all of the terms and conditions set
forth herein.
IF YOU ARE USING THE WEBSITE WITHIN A COMPANY, YOU REPRESENT AND WARRANT THAT
YOU ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE COMPANY AND YOU
ACKNOWLEDGE THAT THE RIGHTS TO USE THE WEBSITE WHICH ARE GRANTED TO YOU AND THE
COMPANY UNDER THIS AGREEMENT ARE EXPRESSLY CONDITIONED UPON ACCEPTANCE BY SUCH
AUTHORIZED PERSONNEL OF THE COMPANY. FES retains the unconditional right to at
any time and for any reason modify, delete or add to these terms and conditions
of use, effective immediately upon notice thereof, which may be given by any
means, including but not limited to, posting on the Website a revised version of
these terms and conditions of use. If any such change is unacceptable to you,
you must immediately discontinue your use of the Website. You further agree to
periodically review the terms and conditions set forth herein to be aware of any
such additions or revisions. Your use of the Website may also be subject to
additional or different terms or conditions imposed by third party content
providers in connection with third party content, products or services
accessible through the Website.
RESTRICTIONS ON USE OF MATERIALS
This Website contains material that is protected, nationally and
internationally, by applicable copyright and trademark laws. No material may be
copied, reproduced, republished, uploaded, downloaded, posted, transmitted, or
distributed in any way or decompiled, except that you may download one copy only
of such material on any single computer for your personal or commercial use,
provided you keep intact any and all copyright and other proprietary notices.
Modification of the materials in any way is strictly prohibited. The use of any
such materials on any other Website or networked computer environment is
strictly prohibited without the express written consent of an authorized
representative of FES.
If you download any copyrighted or trademarked information, data or images,
these materials are licensed to you by FES or by the applicable third party
developer on a limited, non-exclusive basis. Neither they nor FES transfer any
title or ownership interest in the materials to you. You own the medium on which
the Software is recorded, but the third party or FES retain full and complete
title and ownership to the intellectual property rights therein. You may not
re-sell or distribute the material in any form or manner.
JURISDICTIONAL ISSUES
Unless otherwise specified herein, the materials on the Website are presented
solely for promotion and use in the United States, its territories, possessions
and protectorates. FES controls and operates this Website from Alice, Texas and
makes no representations that the materials, products, services, information,
data and images on the Website are appropriate or available for use in other
locations or jurisdictions. Individuals or entities choosing to access this
Website from other locations do so on their own initiative and are solely
responsible for compliance with all Federal, State, and Local laws, if and to
the extent these laws are applicable.
TERMINATION
This Agreement regarding the terms and conditions of Website use shall remain in
effect until terminated by either party. This agreement will terminate
immediately without notice from FES if, in FES's sole discretion, you fail to
comply with any term, condition or provision of this Agreement. Upon termination
of this Agreement, you shall immediately destroy all materials obtained from
this Website and all copies thereof, whether made under the terms of this
agreement or otherwise. Furthermore, you represent and warrant that you shall
not make any further or additional use of the materials you obtained from this
Website.
DISCLAIMER
Your use and browsing of the Website is entirely at your own risk. If you are
dissatisfied with any of the products, services, materials or information
contained or identified on the Website, your sole and exclusive remedy with
respect to FES, its officers, directors, employees, authorized representatives,
subsidiaries, chapters, affiliates and assigns is to immediately discontinue
accessing and using the Website.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE FEDERAL, STATE OR LOCAL
LAW, FES ,ITS OFFICERS, DIRECTORS, EMPLOYEES, AUTHORIZED REPRESENTATIVES,
SUBSIDIARIES, CHAPTERS, AFFILIATES AND ASSIGNS AND/OR ANY OTHER PARTY INVOLVED
IN CREATING, PRODUCING, DELIVERING OR MODIFYING THE WEBSITE ARE NOT LIABLE FOR
ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT
OF YOUR ACCESS TO, OR USE OF, THE WEBSITE OR FOR YOUR PURCHASE OR USE OF ANY
THIRD PARTY PRODUCTS OR SERVICES OFFERED HEREIN. WITHOUT LIMITING THE FOREGOING,
EVERYTHING ON THE WEBSITE IS OFFERED AND PROVIDED TO YOU "AS IS" WITHOUT
WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FES, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AUTHORIZED REPRESENTATIVES, SUBSIDIARIES,
CHAPTERS, AFFILIATES AND ASSIGNS assume no responsibility, and shall not be
liable for any damages to, or viruses or other harmful components that may
infect, your computer equipment or other property on account of your access to,
use of, or browsing in the Website or the server that makes it available, or
your downloading of any materials, information or data from the Website.
FES is making available for your review and examination on the Website
materials, information, products and content supplied by third parties. Any
opinions, advice, statements, services, offers or other information or content
expressed or made available by third parties are those of the respective authors
or distributors and not of FES, its officers, directors, employees, authorized
representatives, subsidiaries, chapters, affiliates and assigns. Without
restricting any of the foregoing limitations, conditions or disclaimers, neither
FES nor any third party provider of information or products guarantees the
accuracy, completeness, or usefulness of any materials, information, products,
services or content provided on or through the Website.
FES reserves the right to at any time, without condition or restriction, change
or discontinue any aspect or feature of the Website, including without
limitation content, hours of availability, and equipment required for access or
use.
THIRD PARTY SITES
This Website may contain links and pointers to Internet websites maintained by
third parties ("third party sites"). FES has not reviewed all of the third party
websites that may be linked to this Website nor has FES used all of the products
or services offered by third parties on this or any other linked website. FES,
its officers, directors, employees, authorized representatives, subsidiaries,
chapters, affiliates and assigns are not responsible or liable for the contents
of or use of any products or services offered on this or any other third party
website and make no representations or warranties of any kind regarding the
same.
LIMITATION OF LIABILITY
IN NO EVENT SHALL FES, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES,
CHAPTERS, AFFILIATES AND ASSIGNS OR ITS LICENSORS, SUPPLIERS OR ANY OTHER PARTY
INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE WEBSITE BE LIABLE FOR
ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, RELIANCE, SPECIAL OR PUNITIVE DAMAGES
ARISING OUT OF OR RELATING TO YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE
WEBSITE OR THE MATERIALS CONTAINED WITHIN THE WEBSITE, OR THIS AGREEMENT,
INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST
SAVINGS OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED, AND WHETHER BASED IN
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE
FOREGOING LIMITATIONS SHALL APPLY WHETHER OR NOT FES, ITS AFFILIATES, CHAPTERS,
SUBSIDIARIES, ASSIGNS, LICENSORS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN THE
CREATION, PRODUCTION, MAINTENANCE OR DELIVERY OF THE WEBSITE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
FES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AUTHORIZED REPRESENTATIVES, AFFILIATES,
CHAPTERS, SUBSIDIARIES, ASSIGNS, LICENSORS, SUPPLIERS AND ALL OTHER PARTIES
INVOLVED WITH THE CREATION, PRODUCTION OR DELIVERY OF THE WEBSITE FURTHER SHALL
NOT BE RESPONSIBLE FOR ANY DAMAGE RESULTING FROM UNAUTHORIZED ACCESS BY THIRD
PARTIES TO OTHER PARTIES TRANSMISSION FACILITIES OR PREMISES, EQUIPMENT OR FOR
UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF NETWORK
SYSTEMS, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH
ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD UNLESS SUCH DAMAGE IS
CAUSED BY AN INTENTIONAL ACT OF FES, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AUTHORIZED REPRESENTATIVES, AFFILIATES, CHAPTERS, SUBSIDIARIES, ASSIGNS,
LICENSORS, SUPPLIERS OR THIRD PARTIES INVOLVED WITH THE CREATION, PRODUCTION OR
DELIVERY OF THE WEBSITE. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL
APPLY EVEN IF FES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AUTHORIZED
REPRESENTATIVES, AFFILIATES, CHAPTERS, SUBSIDIARIES AND ASSIGNS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Applicable Federal, State or Local law may not allow the limitation or exclusion
of liability or incidental or consequential damages, so the above limitation or
exclusion may not apply to you. However, in no event shall FES's total liability
to you, if any, for all claims, damages, injuries, losses, and causes of action,
whether in contract, tort (including without limitation negligence), or
otherwise, exceed the amount paid by you, if any, for accessing this Website.
IN THE EVENT THAT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL
DISRUPTION OF THIS FES WEBSITE OR THE SERVICES TRANSMITTING THE FES WEBSITE TO
YOU, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS
(INCLUDING REASONABLE ATTORNEYS' FEES) ARISING FROM ANY AND ALL CLAIMS BROUGHT
BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. FOR PURPOSES OF THIS
AGREEMENT, "TECHNICAL DISRUPTION" MEANS DISTRIBUTION OF UNSOLICITED ADVERTISING
OR CHAIN LETTERS, PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE,
AND/OR USING THE WEBSITE TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE
ACCESSIBLE VIA THE WEBSITE. FURTHERMORE, YOU ARE SOLELY RESPONSIBLE FOR THE
CONTENT OF ANY TRANSMISSIONS USING THE WEBSITE AND AGREE NOT TO UPLOAD, POST OR
OTHERWISE MAKE AVAILABLE ON THE WEBSITE ANY MATERIAL PROTECTED BY A PROPRIETARY
RIGHT OF A THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS WRITTEN PERMISSION OF
THE OWNER OF SUCH PROPRIETARY RIGHT. YOU SHALL BE SOLELY AND COMPLETELY LIABLE
FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING REASONABLE ATTORNEYS'
FEES) ARISING OUT OF ANY CLAIM OF INFRINGEMENT OR VIOLATION OF PROPRIETARY
RIGHTS OR ANY OTHER HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION
OF MATERIALS BY YOU.
MISCELLANEOUS
This document entitled terms and conditions of use of the FES Website shall be
governed by and construed in accordance with the laws of the State of Texas,
without giving effect to any principles of conflicts of law. If any provision of
this agreement regarding terms and conditions of use shall be held unlawful,
void, or for any reason unenforceable, then that provision shall be deemed
severable from this agreement and shall not affect the validity and
enforceability of any remaining provisions. This is the entire agreement between
the parties relating to the subject matter herein and shall not be modified
except in writing, signed by authorized representatives of both parties.
IF YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS OF USE OR ARE NOT
AUTHORIZED TO ENTER INTO THESE TERMS AND CONDITIONS, PLEASE EXIT THE WEBSITE
IMMEDIATELY.
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