PARKER WELLBORE COMPANY (PKW)
SITE TERMS AND CONDITIONS & GLOBAL DATA PRIVACY POLICY
December 2024
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
Parker Wellbore (“PW” or we/us/our) respects your privacy and is committed to protecting it through compliance with this Privacy Notice (the “Notice”). PW wants you to understand how we collect, store, share, and use your personal data that we may collect when you visit our website at www.parkerwellbore.com or interact with us online. This Notice covers our website and any other websites or digital services operated by PW (our “Online Services”). When we collect personal data about you, we are the controller of that data.
This Notice does not cover personal data handled by third parties or other websites or digital services. We encourage you to review the privacy practices of each website you visit or digital service you use to understand how your personal data is being processed.
Please read this Notice carefully to understand our privacy practices. If you disagree with our privacy practices, you should not use our Online Services. By using our Online Services, you indicate that you agree with this Notice.
Information We Collect
PW collects several types of personal data from and about users of our Online Services. “Personal data” refers to any information that directly or indirectly, such as through combining pieces of data to be able to identify you, specifically identifies you. Depending on how you interact with our Online Services, PW may collect the following types of personal data about you:
- Contact Details, including your full name, postal address, telephone number, email address;
- Transactional Information, such as the purchases you make, records of your order history, copies of correspondence relating to your orders, or other details you may make available to us during the ordering process;
- Customer Support Information, including recordings of calls or video meetings, email and other correspondence with us, and any other details you may make available to us; and
- Usage Information, which includes data about how you interact with our Online Services, social media pages, or marketing and advertising, the websites that refer you to us, the pages you visit, links or buttons you click, your browser or device type, IP address, internet service provider, and user preferences.
We generally collect personal data in one of three ways:
- Directly from You – PW collects personal data when you voluntarily provide it to us by, for example, completing forms, contacting us, connecting with us on social media, or purchasing products or services from us.
- From Technologies that Gather Data – PW has designed our Online Services to use certain tracking technologies, including cookies, to collect personal data. We use cookies, web beacons/pixel tags, and other tracking technologies to recognize you when you visit our websites or mobile apps. For example, we may collect information about your browser type and version, operating system, user language, viewed web pages, links that are clicked, IP address, screen resolution, and web pages visited before and after visiting our websites or mobile apps. Our emails to you also may contain tracking technologies to help us understand when you open an email or click links within it. By collecting this information, we can better understand how you interact with us; give you a more personal and optimized online experience by recognizing your preferences; improve our services; help confirm receipt of and response to our emails; and provide more effective customer service. For additional details, please see our Cookie Policy.
- From Third-Party Services – PW may receive or may collect personal data about you from other parties, including our affiliates, subsidiaries, business partners, contractors, vendors, data analytics providers, and social media networks.
How We Use Personal Data
We use personal data for:
- Providing you with customer service and support;
- Operating our business and Online Services;
- Fulfilling your orders and servicing your account;
- Improving, maintaining, and developing our Online Services and PW’s products and services;
- Informing you about our events, products, and services and for other direct marketing purposes;
- Better understanding of user preferences and interests;
- Maintaining the security and integrity of PW and our Online Services, including for fraud protection, risk exposure, claims and other liabilities, the safety of others, and enforcing our own policies and procedures; and
- For any other purposes described at the time you provide your personal data or to which you have consented.
Some data protection laws require us to specify one or more legal bases for processing personal data. Accordingly, PW relies on the following legal bases when relevant:
- Contractual Obligations. We use personal data to deliver the products or services you request, including by processing your purchase orders; providing customer support; and sending you administrative or transactional messages.
- Our Legitimate Interests. We use personal data when we have legitimate interests that align with your rights and privacy expectations. We rely on our legitimate interests to operate, maintain, and improve our products and services; perform analytics and conduct research; and improve our customer service and overall user experience.
- Our Legal Obligations. We use personal data as needed to comply with our legal obligations, including as needed for fraud prevention, public safety, complying with public authorities and courts, and enforcing or defending our rights and those of others.
- Your Consent. We may use personal data with your “opt-in” consent, including when necessary to permit marketing communications and tracking technology use. When you consent, you may opt out at any time by emailing us at marketing@parkerwellbore.com.
How We Share Personal Data
PW may share any personal data we collect with the following types of third parties for any of the purposes described in the section above:
- Our Subsidiaries and Affiliates – We sometimes work with our subsidiaries and affiliates to provide services that require that they receive certain types of personal data.
- Our Vendors – We work with contractors, suppliers, and other vendors who provide services for us, such as assisting with processing and fulfilling orders; managing delivery and logistics; storing data; preventing fraud; analyzing data and providing tracking technologies; supporting our communications, advertising and marketing, including the effectiveness of our advertising and marketing efforts, and other business needs.
We may use and share any personal data as needed to comply with laws, respond to law enforcement requests, exercise or defend our legal rights or those of others, or adhere to applicable regulations, court orders, or government mandates. Additionally, we use personal data for our internal administrative purposes, such as maintaining records, protecting our rights and those of others, resolving disputes, enforcing our policies, or preventing harm. Personal data collected may be shared with professional advisors, including accountants, auditors, consultants, and lawyers, when necessary for them to provide services and advise us appropriately. If we undergo a sale, merger, or acquisition of assets or business, the personal data we have gathered may be transferred or disclosed as part of these transactions or their negotiation.
Your Privacy Rights and Choices
Direct Marketing. We comply with legal requirements when sending direct marketing. You can opt out of receiving direct marketing, commercial emails, and other educational materials from us about our products and services by following the instructions in each of the communications we send. Note that even if you unsubscribe, we may still send you transactional or administrative communications, such as responses to your requests or order-related information.
Cookies and Tracking Technologies. You may disable certain cookies and tracking technologies at any time by adjusting your browser settings or taking other actions to opt out of cookies and tracking technologies. Please be aware, however, that if you disable cookies, you may not be able to take full advantage of all of the features of our Online Services. For more information on how to control and disable cookies, please visit our Cookie Policy.
Privacy Rights under Certain Laws. In many locations, including the European Economic Area, the United Kingdom, and Canada, privacy or data protection laws may give you specific rights regarding your personal data. These rights include knowing what personal data we process about you and accessing it, correcting inaccuracies or updating personal data, requesting deletion of personal data, or obtaining a portable copy of personal data. You also may have the right to object to, opt out of, or ask that we restrict our processing of your personal data. If we ask for your consent to personal data processing, you may withdraw your consent at any time. We will not discriminate against you for exercising a legally provided privacy right.
To find out more about your rights or to exercise any that apply to you, please contact us at marketing@parkerwellbore.com. In your email, please include your full name, postal code, the email address at which you prefer to be contacted, and the privacy right(s) you are requesting, such as the removal of information about a particular transaction or the correction of specific information. Please check your incoming email messages in case we need to ask you more questions about your request.
Some laws allow an authorized agent acting on your behalf to make privacy requests, which they may do by following the instructions above. If an authorized agent submits a request for you, we may ask you to verify your own identity or confirm the request directly with us.
Subject to appropriate verification of your identity, which may include asking you for additional information to match to information we have, PW will honor the privacy rights provided to you by applicable law, unless an applicable exception applies. You can expect that PW will respond to your privacy request within the required time period under applicable law, unless we reach out to explain that it will take us longer. If we cannot fulfill your privacy request in whole or in part, we will explain why. It is PW’s policy not to disclose any information in response to a privacy request that may adversely affect the privacy of other persons unless legally required to do so.
If you have any questions about our response to your privacy request, please contact us. While we will always try to assist when you have concerns about the privacy of your personal data and appreciate an opportunity to do so, if you have concerns about how we manage your personal data or respond to your requests, you may be able to file a complaint with your local data protection authority or privacy regulator.
Children’s Privacy
PW does not intend that any part of its Online Services will be used by individuals younger than 16, and we do not knowingly collect personal data from anyone under the age of 16. If we learn that we have received personal data from someone under the age of 16, we will delete that information in compliance with applicable law.
Personal Data Security and Retention
PW takes commercially reasonable steps to protect personal data. Despite these efforts, guaranteeing the safety of personal data in all circumstances is impossible. Any transmission of personal data is at your own risk.
PW retains personal data as long as necessary to fulfill the purposes for which your personal data was collected, unless a longer retention period is necessary, the personal data is required to fulfill a legal obligation, or we are otherwise legally permitted to retain the personal data for other uses. We generally retain personal data used for the following common purposes for these time periods:
- Managing your account for as long as the account is active and for a period of time afterward that corresponds to our business and administrative needs related to the products or services purchased;
- Communications with you for as long as you permit us to communicate with you for purposes of direct marketing or for the length of time necessary to provide administrative or transactional communications related to products or services purchased from us; and
- Security and integrity for the length of time the personal data is useful for enhancing the security of our Online Services; as needed in connection with our obligations to protect our Online Services or other products and services from fraud, malicious, or illegal activity; to meet our legal obligations; or to ensure our rights and those of others as well as our policies are enforced.
Where personal data is used for more than one purpose, we will retain the personal data until the purpose with the longest retention period expires.
International Personal Data Transfers
PW is a global company and may transfer the personal data it collects to other countries, including the United States, which may have privacy laws that differ from those in your country. PW may process personal data wherever PW operates or engages vendors. When PW transfers personal data, PW follows applicable laws and implements appropriate safeguards to protect personal data being transferred to countries where an adequate level of protection is not guaranteed. For more information on our safeguards, contact us using the details below.
Changes to this Notice
Please note that PW may update this Notice from time to time in its sole discretion. Your continued use of our Online Services after we make any changes is deemed to be an acceptance of those changes, so please check this Notice periodically for updates.
Contacting Us
If you would like to contact us with questions about our privacy practices or to exercise a privacy right, please use our Contact Form or email us at marketing@parkerwellbore.com. You may also send us postal mail to:
Parker Wellbore Corporate Office
ATTN: Parker Wellbore Privacy
2103 CityWest Blvd., Suite 400
Houston, Texas 77042
United States
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