Terms / Privacy

PARKER WELLBORE COMPANY (PKW)

SITE TERMS AND CONDITIONS & GLOBAL DATA PRIVACY POLICY
November 2019
1. ACCEPTANCE
The following terms and conditions (“Terms and Conditions”) and privacy policy (“Privacy Policy”), together with any documents they expressly incorporate by reference, collectively and exclusively apply and govern your access to and use of this site, or any subdomains or content made available through your access to or use of this site, including, without limitation, any web content, materials accessed, documents, functionality and serviced offered on or throughout the Site, texts, graphics, design, images, logos, icons, video, audio, code, metadata, applications, downloads, interfaces, software, files, or other contents (the “Site”), the information Parker Wellbore Company (“PKW”) (as defined below) collects on the Site and PKW’s storage, use and sharing of this information. Please read the Terms and Conditions and Privacy Policy carefully before you start to use the Site. By accessing the Site, you acknowledge and agree that you have been advised of these Terms and Conditions and Privacy Policy, and your use of the Site constitutes your agreement to these Terms and Conditions and consent to PKW’s Privacy Policy. IF YOU CHOOSE NOT TO AGREE TO THESE TERMS AND CONDITIONS OR CONSENT TO THE PRIVACY POLICY, YOU MAY NOT USE THIS SITE. These Terms and Conditions do not alter in any way any other agreement you may have with Parker Wellbore Company and its affiliates or subsidiaries (collectively “PKW”), whether it be for products, services, or otherwise. In the event of any inconsistency between these Terms and Conditions and another executed written agreement you may have with PKW for products, services, or otherwise, that agreement shall be given precedence.

2. CHANGES
PKW reserves the right, in its sole discretion, to change these Terms and Conditions or the Privacy Policy, in whole or in part from time to time. Any changes to these Terms and Conditions or the Privacy Policy shall be effective as of the time of posting, or such a later date as may be specified therein. By accessing the Site following the effective date of a change to these Terms and Conditions or the Privacy Policy, you acknowledge and agree that you have been advised of the changes to the Terms and Conditions and the Privacy Policy, and your continued use of the Site constitutes your agreement to these changes to the Terms and Conditions and consent to the Privacy Policy. You agree that it is your responsibility to review the Terms and Conditions and the Privacy Policy for changes prior to each use of the Site.

PKW reserves the right, in its sole discretion, to change certain aspects of the Site, including the access, functionality, and content, from time to time. PKW may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and PKW is under no obligation to update such material.

3. ACCESS TO THE SITE AND USER CONDUCT
By accepting these Terms and Conditions, PKW grants you a limited, non-exclusive, non-transferable license to access and use the Site solely for your personal and general informational purposes. Certain portions of the Site may contain additional terms and conditions, and you may be subject to further permissions and/or restrictions while using or accessing these portions of the Site.

You may use the Site only for lawful purposes and in accordance with these Terms of Use. As a user of this Site, you agree that you will not engage in the following conduct:

• Modifying, copying, forwarding, distributing, displaying, performing, publishing, or disclosing any part of the Site in any medium, without PKW’s prior written consent;
• Accessing or using the Site by an automated system, including “bots,” “spiders,” or other data-mining or data-gathering or extraction tools;
• Attempting to bypass, interrupt, interfere with, intercept, compromise or decipher the normal operation, security, traffic, or transmissions to or from the Site;
• Using the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
• Attempting to “frame,” repurpose, circumvent, or conceal the Site (or any portions thereof);
• Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, or hiding (or attempting to hide) your identity;
• Decompiling, analyzing or otherwise seeking to reverse engineer the Site (or any portions or components thereof or used in connection therewith);
• Attempting to post any content which may be construed as: misleading, fraudulent, libelous, slanderous, defamatory, inflammatory, obscene; or which may be construed as serving to advertise, promote or solicit for any individual or entity;
• Engaging in conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by PKW, may harm PKW or users of the Site or expose them to liability;
• Accessing or using this Site in any way which violates any relevant applicable federal, state, local or international laws or regulations (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries); or
• Otherwise attempting to interfere with the proper working of the Site.
• You agree that any use of the Site not expressly permitted by the Terms and Conditions is a per se breach of the Terms and Conditions, and may constitute a violation of applicable laws.

You are responsible for making all arrangements necessary for you to have access to the Site, and ensuring that all persons who access the Site through your internet connection are aware of the Terms and Conditions and Privacy Policy and comply with them.

Although PKW has no obligation to monitor the Site, PKW may do so at any time and in its sole discretion. PKW reserves the right, in its sole discretion, to withdraw or amend this Site and any service or material PKW provides on the Site, further limit or revoke this license, and/or terminate your access to and use of the Site (or portions thereof) at any time, without notice, and for any reason, including any possible or alleged misuse, fraud, or misconduct by you or by any person accessing or using the Site under your user name and password. PKW will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. PKW reserves the right to provide information obtained from your access to and use of the Site for investigations by law enforcement.

4. REGISTRATION; ACCOUNT
Certain portions of the Site or some of the resources it offers may require you to complete a registration process, create an account, or provide feedback, and you may be required and provide PKW with certain information in order to do so. It is a condition of your use of the Site that all information you provide as prompted by the Site is true, current, complete, and accurate. You agree that all information you provide to the Site is governed by the Privacy Policy, and by using the Site, you consent to all actions we take with respect to your information consistent with the Privacy Policy. PKW cannot guarantee the Site’s security and you agree that you provide personal information at your own risk.

Certain secured portions of the Site may be reserved for users who have registered or created an account and have been authorized by PKW for secured access. Accounts are non-transferrable. You may be required to create a user name and password in connection with your account. You agree that you will not allow an unauthorized person to access or use the Site with your user name, password, or account. You agree that you will not use another person’s user name, password, or account to access or use the Site. You agree that you are solely responsible for maintaining the security and confidentiality of your password and account. You agree to notify PKW immediately of any unauthorized use of your user name, password, account or any other breach of security. PKW cannot verify that a user accessing a secured potion of the Site is the person authorized to do so, and as such you are solely liable for any and all activities that occur or are attempted under your user name, password or account, and you agree that PKW is not liable for any loss that you may incur as a result of an unauthorized person using your user name, password, or account. You acknowledge and agree that you may be held liable for losses incurred by a third party as a result of an unauthorized person using your user name, password, or account.

5. CONTENT AND LINKS
You retain all ownership rights of your personal content submitted to the Site. Notwithstanding the foregoing, by submitting your content, subject to the terms of the Privacy Policy, you grant PKW an unrestricted, non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in connection with PKW or its products and/or services.

The Site, as well as its entire contents, features, and functionality, are owned by PKW, its licensors and/or other providers of such material, and are protected by U.S. and international copyright, trademark and other intellectual property or proprietary rights laws, as well as other applicable laws. PKW’s name, the terms marked in and throughout this Site, PKW’s logo and all related names, logos, product and service names, designs, and slogans are trademarks of PKW or its subsidiaries, affiliates, or licensors. You must not use such marks without the prior written permission of PKW. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners. Subject to the Terms and Conditions and the Privacy Policy, the Site may be electronically copied or printed in hard copy for internal informational, personal, and non-commercial purposes only, provided you do not modify the content of the copies. You must not reproduce, distribute, modify, create derivative works of, publicly display or perform, republish, download, store, or transmit any of the material on the Site.

Reference to any products, services, processes, or other content by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by PKW.

Unless otherwise permitted by PKW, you may only provide links to the Site for external informational and non-commercial purposes. You may not use the content of the Site for marketing, advertising, or public relations purposes. PKW neither warrants nor represents that your use of the Site’s content will not infringe the rights of third parties. No right, title or interest in or to the Site, its contents or functionality is transferred to you, and all rights not expressly granted are reserved by PKW. PKW reserves the right to withdraw linking permission without notice.

You acknowledge that you may be able to access or use third-party content or sites through your access to or use of the Site. You acknowledge that you may be able to access or use the Site through your access to or use of third-party content or sites. PKW cannot guarantee that third-party content or sites are safe to access or use, or are free from objectionable material. Different terms and conditions may apply to your access to or use of any third-party content or sites. You agree that you are solely liable for your access to or use of third-party content or sites, and you agree that PKW is not liable for your access to or use of any third-party content or sites.

6. PRIVACY POLICY

Parking Wellbore (PW) respects your privacy and is committed to protecting it through our compliance with this policy. PW believes it is important that you understand how we collect, store, share and use information from and about you during via your visit to our website (the “Site”). This Privacy Policy applies to the Site, and generally to all sites operated by PW. In the event another site controlled, operated, or administered by PW has a privacy policy which is inconsistent with this Privacy Policy, this Privacy Policy shall govern unless and to the extent the other privacy policy is necessitated by applicable law. This Privacy Policy is intended to outline our practices regarding the collection, use, disclosure, and protection of information received from users of the Site, including users in the European Economic Area (“EEA”) (collectively, “you” or “user”).  For the purposes of compliance with the EU General Data Protection Regulation (“GDPR”), we are the “controller” of Personal Data (i.e., Personal Information) we receive from you.

Within this Privacy Policy, users may be referred to as Data Subjects.  A Data Subject means an identified or identifiable natural person in the EEA as set forth in the GDPR.

Scope. The Privacy Policy applies to the Site, which includes https://www.parkerwellbore.com/, its subdomains, and all of the websites and internet properties owned or operated by PW, regardless of the medium in which the Site is accessed by a user (e.g., via a web or mobile browser). This Privacy Policy does not apply to the information collected, stored, shared, or distributed by us offline or thorough any other means, including on any other website operated by PW or any third party (including our subsidiaries and affiliates), or by other third-party sites. We encourage you to review the privacy policies of each of those websites to understand how your information is used or shared by those third parties.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site. By accessing this Site, you agree to this Privacy Policy.

Information We Collect. PW collects several types of information from and about users of the Site.

Personal Information. In order to access or use certain portions of the Site or enjoy the full functionality of the Site, you may be prompted by the Site to provide certain Personal Information (as defined below), which may include, without limitation, your first and last name, date of birth, business affiliation, address (home, business, billing, or delivery), telephone number, email addresses, records and copies of your correspondence, if you contact us, or any other information that you may provide to PW. “Personal Information” refers to any information relating to an identified or identifiable individual who is the subject of the information. 

Usage Information. PW may also collect other information provided through your access to and use of the Site, including records of your access, information submitted while using the Site, information from third parties, your domain, IP address, and certain information about your computer, device, Internet traffic and usage. PW will take reasonable measures to ensure that the Usage Information we collect is not personally identifiable and may not later be easily used to identify you as otherwise required by applicable law.

Acceptance and Consent. To the fullest extent permitted by applicable law, you hereby irrevocably consent to any and all data collection by this Site as expressly described in this Privacy Policy or as otherwise contemplated herein. Furthermore, to the fullest extent allowed by applicable law, you also hereby irrevocably consent that such data collection may result in processing and/or transferring your data to PW’s subsidiaries and affiliates or third parties.

Children Under the Age of 13. The Site is not for use by children under the age of 13 years, and no one under the age of 13 years may provide any Personal Information to or on the Site. PW does not intentionally or knowingly collect, store, share or use the Personal Information of children under 13 years. If you are under the age of 13 years, please do not use or provide any Personal Information, even if prompted by the Site to do so. If you are under the age of 13 years and you have provided Personal Information, please ask your parent(s) or guardian(s) to notify PW, and PW will delete all such Personal Information. If PW has inadvertently collected information from a child under 13 years of age, PW will promptly take all reasonable measures to delete such information from our systems.

How We Collect Information. We collect Personal Information and Usage Information (collectively, “Your Information”):

• Directly From You: PW collects Personal Information from you when you voluntarily provide Personal Information to us by, for example, completing forms.
• Tracking and Gathering Technologies: In order to improve the functionality and content of the Site and your overall experience, PW has designed the Site to use certain technologies to track access to and use of the Site or gather certain Personal Information, including cookies. These tracking and gathering technologies: a) allow PW to recognize your computer or device and your preferences when using the Site; b) facilitate your efficient access to and use of the Site; c) help PW provide better access to and use of content and functionality for the Site; and d) allow PW to advertise content that is more relevant to you. If you elect to not allow these technologies to work in conjunction with the Site, you can change your web browser settings or you can elect to discontinue accessing and using the Site. If you adjust your web browser settings to reduce the interaction of these technologies with the Site, some portions of the Site, its content, or its functionality may be limited. Your use of the Site constitutes your consent to the use of cookies on this Site. PW is not responsible for third-parties’ use of cookies or other tracking and gathering technologies resulting from your access or use of third-party content or sites, even if such third-party content or sites are linked to the Site.
• From Third-Party Services: PW may receive or may collect Personal Information about you from third parties whose privacy practices may differ from the practices described in this Privacy Policy.  PW does not endorse or make any representations or warranties concerning, and will not in any way be liable for, any informational content, products, services, software, or other materials available through third parties.  Your use of third parties’ services and/or third-party websites and mobile applications is governed by and subject to the terms and conditions of those third parties and/or third-party websites and mobile applications.  PW encourages you to carefully review the privacy policies and statements of such third parties and/or third-party websites and mobile applications.

How We Use Your Information. We use your Personal Information for various general purposes to help enhance your experience.  These purposes may include, but are not limited to:

• For the purpose for which you provided your Personal Information;
• For the operation, evaluation, maintenance, improvement, and development of the Site, PW’s products, and PW’s services;
• To engage you about events, promotions, the Site, PW’s products, and PW’s services;
• To support recruitment and employment efforts;
• To process, evaluate and complete certain transactions involving the Site, PW’s products, and PW’s services;
• To protect and ensure safety of the Site, PW confidential and proprietary information, and PW employees;
• To monitor and analyze trends, access to, and use of the Site for advertising and marketing;
• To manage, protect against and investigate fraud, risk exposure, claims and other liabilities, including but not limited to violation of the Terms and Conditions, the Privacy Policy, or laws or regulations;
• For any other way we may describe when you provide the information; and
• For any other purpose with your consent.

How We Disclose Information. PW will not sell or rent your Personal Information to third parties. However, PW may share your Personal Information with third parties for the following purposes:

• To our subsidiaries and affiliates;
• For services that the third parties have been engaged by PW to perform on PW’s behalf, subject to the obligations PW assumes under the Privacy Policy or the appropriate contractual restrictions and security measures;
• If required to do so by law, a legal process, legal authority, or other governmental entity having authority to make the request;
• If PW believes it is reasonably necessary to prevent harm or loss, or it believes that the disclosure will further an investigation of suspected or actual illegal activities;
• In connection with a prospective or actual sale, merger, transfer, joint venture, or other reorganization of PW or any portion of PW;
• For any other purpose disclosed by us when you provide the information; or
• With your consent.

PW reserves the right to share any information that you provide via the Site which is not deemed Personal Information.

PW will not retain any information you provide for a period that extends beyond the purpose for which it was collected or, if required to do so by law, a legal process, legal authority, or other governmental entity having authority to make the request, for so long as required.

Data Security.  PW strives to safeguard and protect your Personal Information, and PW utilizes and maintains certain commercially reasonable processes, systems, and technologies to do so. However, you acknowledge that no transmission over the Internet is completely secure or error-free, and that these processes, systems, and technologies utilized and maintained by PW are subject to compromise. It is your responsibility to safeguard any information you use to access the Site (such as a password) and notify PW if you ever suspect that such information has been compromised. You are solely responsible for any unauthorized use of the Site.  Any transmission of Personal Information is at your own risk.  We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

International Personal Information Transfers. You acknowledge that the Site is controlled, operated, and administered by PW from its offices in the United States, or hosted on servers located within the United States; and the Site, these Terms and Conditions, and the Privacy Policy have been designed or written to comply with the laws of the State of Texas. PW will take measures to ensure that Personal Information is processed, stored, and transferred in accordance with these Terms and Conditions, the Privacy Policy, and the requirements of applicable law. However, you acknowledge that PW is a global company and, as a result, PW may transfer Personal Information collected on the Site to other jurisdictions in which PW operates. PW reserves the right to transfer your Personal Information collected on the Site to other jurisdictions, and your use of the Site constitutes your voluntary consent to transfers of your Personal Information to jurisdictions which may not have data protection laws equivalent to those in your jurisdiction.

Spam. We do not participate in bulk email solicitations that you have not consented to receiving (i.e., “spam”).  PW does not sell or disclose customer lists or email address lists to unrelated third parties.  Except as otherwise provided herein, we do not share Personal Information with any third party advertisers.

EEA Data Subjects’ Legal Rights.  Under certain circumstances, Data Subjects from the EEA may have the following rights under the GDPR:

• To access the Personal Information we maintain about you
• To be provided with information about how we process your Personal Information
• To correct your Personal Information
• To have your Personal Information erased
• To object to or restrict how we process your Personal Information
• To request your Personal Information to be transferred to a third-party

To exercise the above rights, please contact us at the information provided below.  We will consider and process your request within a reasonable period of time.  Please be aware that under certain circumstances, the GDPR may limit your exercise of these rights.

California Privacy Rights. If you are a California resident, California law may provide you with additional rights regarding our use of your Personal Information. To learn more about your California privacy rights, visit https://oag.ca.gov/privacy/ccpa.

California’s “Shine the Light” law permits users of the Site that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes.  To make such a request, please contact us at the Contact Information provided below.

Modifications. This Privacy Policy was last modified at the date first printed above.  Please note that PW may update this Privacy Policy from time-to-time in its sole discretion.  It is your responsibility to review this Privacy Policy for any changes each time that you use the Site.  Your continued use of this Site after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.  PW will not lessen your rights under this Privacy Policy without your express consent.

External Links. The Site may contain links to other websites.  We do not endorse or make any representations or warranties concerning, and will not in any way be liable for, any informational content, products, services, software, or other materials available on an external websites, even if one or more pages of the external websites are framed within a page of the Site.  Please be aware that we are not responsible for the privacy practices or policies of such other websites.

Accessing and Updating Information. If you ever wish to access Your Information or to have Your Information deleted, updated, changed, or modified, you may do so by contacting us at the Contact Information provided below.  Further, if you would like to opt-out of receiving direct marketing communications from us, you may do so by following any instructions included in the communication or by contacting us at the Contact Information provided below.  To cancel your account and have your information returned to you, please contact us using the Contact Information provided below.  We will make commercially reasonable efforts to handle requests to update or modify Your Information within thirty (30) days.

Opt-Out. In connection with promotions or other projects, PW may ask you specifically whether you have objections against a certain kind of data use or sharing. If you opt-out under such circumstances, PW will respect your decision. To opt-out of receiving further commercial emails or to unsubscribe from services, please click the unsubscribe link contained in the commercial email or contact us. Please note that other data recipients have their own data privacy policies, which may differ from PW’s, so please contact them separately with respect to opt-out requests.

How to File a Complaint. You may file a complaint regarding this Privacy Policy or our privacy practices by communicating with us using the Contact Information provided below. 

Additionally, Data Subjects from the EEA may file a complaint with EU data protection authorities (“DPAs”).  A list of DPAs from the European Commission may be found here: http://ec.europa.eu/newsroom/article29/document.cfm?action=display&doc_id=50061.

Contact Information. If you would like to contact us with questions or comments concerning the accuracy and/or privacy of Your Information, or if you believe that we have not adhered to this Privacy Policy, please notify us by utilizing the Contact Form at https://parkerwellbore.com/contact/ .

7. INVESTMENT INFORMATION & FORWARD-LOOKING STATEMENTS
If the Site contains information which you intend to use for a potential investment decision with respect to PKW (“Investment Information”), PKW advises you to seek independent professional advice before making any investment decisions.

If the Site contains statements that constitute forward-looking statements within the meaning of Section 21E of the Securities Exchange Act of 1934, including, among other things, those regarding effective tax rate, future operations, costs, capital expenditures, cash flow, sales and earnings forecasts, estimates or projects (“Forward-Looking Statements”), you acknowledge such statements may involve known and unknown internal and external risks or other factors which can cause the actual result to materially differ from the express or implied content of the forward-looking statement itself. You acknowledge that PKW does not undertake to correct or update its Forward-Looking Statements, unless required to do so under federal securities law. You are referred to documents filed by PKW with the U.S. Securities and Exchange Commission, including but not limited to, the Annual Report on Form 10-K and the Quarterly Reports on Form 10-Q, which identify significant risk factors which could cause actual results to differ from those contained in the Forward-Looking Statements.

You agree that you are solely liable for your decisions based on Investment Information and Forward-Looking Statements.

8. DISCLAIMER OF WARRANTIES
The Site, as well as its contents and functionality are solely provided for general informational purposes. NO INFORMATION OR CONTENT, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PKW OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. PKW DOES NOT REPRESENT OR WARRANT THE SITE OR ITS CONTENT TO BE SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES, PRODUCTS, EQUIPMENT OR OTHER ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE SITE, ITS CONTENT, AND ANY SERVICES, PRODUCTS, EQUIPMENT, OR OTHER ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND; AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PKW DISCLAIMS ALL SUCH WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THOSE IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. PKW DOES NOT REPRESENT OR WARRANT THE SITE OR ITS CONTENT TO BE ACCURATE, AVAILABLE, COMPLETE, RELIABLE, CURRENT, SUITABLE, SECURE OR WITHOUT ERROR OR OMISSION. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER PROPRIETARY MATERIAL THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS OR YOUR USE OF THE SITE.

9. COMPLIANCE WITH APPLICABLE LAWS
PKW is committed to complying with applicable laws and regulations. However, you acknowledge that the Site is controlled, operated, and administered by PKW from its offices in the United States, or hosted on servers located within the United States; and the Site, these Terms and Conditions, and the Privacy Policy have been designed or written to comply with the laws of the State of Texas. You acknowledge that it may be possible for a user to access or use the Site from any jurisdiction and that PKW may not practically be able to prevent such access. You agree that you are solely responsible for informing yourself of the laws of your jurisdiction, and you agree that your access to and use of the Site and its contents will be in compliance with all applicable laws and regulations, including United States export laws and regulations. You agree that you are solely liable for your access and use of the Site and any content made available to you through your access to and use of the Site.

10. LIMITATION OF LIABILITY; INDEMNITIES
NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS AND CONDITIONS TO THE CONTRARY, YOU AGREE THAT PKW, ITS LICENSORS OR OTHER PROVIDERS OF CONTENT OR FUNCTIONALITY, ITS CUSTOMERS, ASSIGNEES, SUCCESSORS, INSURERS AND ITS AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, SUCCESSORS, ASSIGNEES, AND AGENTS (“PKW GROUP”) SHALL NOT BE LIABLE IN ANY RESPECT FOR ANY DAMAGES (DIRECT, INDIRECT, SPECIAL, ECONOMIC, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE) OR LOSS OF ANY NATURE ARISING FROM YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE OR ITS CONTENTS; AND YOU AGREE THAT YOU WILL RELEASE, INDEMNIFY, DEFEND AND HOLD PKW GROUP HARMLESS FROM AND AGAINST ANY AND ALL COSTS, CLAIMS, DAMAGES, LOSSES, JUDGMENTS, AWARDS, EXPENSES OR FEES, OR OTHER LIABILITIES ARISING FROM OR IN RELATION TO YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE OR ITS CONTENTS, OR YOUR USE OF THE SITE IN BREACH OF THESE TERMS AND CONDITIONS OR IN VIOLATION OF LAW. PKW MAY ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU HAVE AGREED TO DEFEND PKW, AND YOU AGREE TO ASSIST AND COOPERATE WITH PKW IN THE DEFENSE OR SETTLEMENT OF ANY SUCH MATTERS AT YOUR OWN COST.

SHOULD THIS LIMITATION OF LIABILITY BE HELD TO BE UNENFORCEABLE FOR ANY REASON, IN WHOLE OR IN PART, PKW GROUP’S AGGREGATE LIABILITY TO YOU FOR ANY REASON CONNECTED TO YOUR ACCESS TO OR USE OF THE SITE, IN ANY CIRCUMSTANCE, WILL IN NO EVENT EXCEED THE SUM OF $500.00 USD.

THE EXCLUSIONS OF LIABILITY, RELEASES AND INDEMNITIES SET FORTH IN THIS ARTICLE 10 SHALL APPLY TO ANY COSTS, CLAIMS, DAMAGES, LOSSES, OR OTHER LIABILITIES WITHOUT REGARD TO THE CAUSE(S) THEREOF, INCLUDING BUT NOT LIMITED TO PRE-EXISTING CONDITIONS, WHETHER SUCH CONDITIONS BE PATENT OR LATENT, BREACH OF REPRESENTATION OR WARRANTY (EXPRESS OR IMPLIED), STRICT LIABILITY, TORT, BREACH OF CONTRACT, BREACH OF DUTY (STATUTORY OR OTHERWISE), BREACH OF ANY SAFETY REQUIREMENT OR REGULATION, OR THE NEGLIGENCE OR OTHER LEGAL FAULT OR RESPONSIBILITY OF ANY PERSON (INCLUDING THE INDEMNIFIED OR RELEASED PARTY), WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE.

Redress under this Article 10 shall be the exclusive remedy(ies) available to the parties hereto for the matters, costs, claims, damages, losses and other liabilities covered by such provisions. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY.

11. GOVERNING LAW; JURISDICTION
These Terms and Conditions and the Privacy Policy shall be governed by and interpreted in accordance with the substantive laws of the State of Texas, excluding conflicts and choice of law principles. Any dispute, action, or proceeding arising out of or relating to these Terms and Conditions or the Privacy Policy must be brought in a state or federal court sitting in Harris County, Texas, although PKW retains the right to bring any suit, action, or proceeding against you for breach of the Terms and Conditions and Privacy Policy in your country of residence or any other relevant country. Each of the parties hereby agrees to irrevocably submit itself to the exclusive jurisdiction of each such court in any such action or proceeding and waives any objection it may now or hereafter have to venue or convenience of forum. You agree that all issues will be decided by the trial judge and, acknowledging the right to trial by jury, hereby waive such right to a jury trial to the extent allowed by applicable law.

12. GENERAL
Failure to enforce any of these Terms and Conditions by PKW shall not prevent a subsequent enforcement of such Terms and Conditions or be deemed a waiver of any subsequent breach. Should any provisions of these Terms and Conditions or Privacy Policy, or portion thereof, be unenforceable or in conflict with applicable governing country, state, province, or local laws, such provision shall be eliminated or limited to the minimum extent such that the validity of the remaining provisions, and portions thereof, shall not be affected by such unenforceability or conflict. These Terms and Conditions and Privacy Policy shall be construed as superseding all prior oral or written agreements or representations. You acknowledge that you have not relied on any representations other than those contained in these Terms and Conditions and Privacy Policy. These Terms and Conditions and Privacy Policy shall not be varied, supplemented, qualified, or interpreted by any prior course of dealing between the parties or by any usage of trade and may only be amended by an agreement executed by an authorized representative of each party.

13. CONTACT
This Site is operated by PKW. All feedback, comments, questions, requests for technical support or other communications relating to the Site, should be directed to PKW by using the “Contact Us” link at www.parkerwellbore.com

 

Parking Wellbore Corporate Office
5 Greenway Plaza, Suite 100
Houston, Texas 77046
United States
+1 281-406-2000
Gary Rich
President and CEO