Terms of Use

Website Terms & Conditions

PLEASE READ THESE TERMS OF USE (“TERMS” OR “TERMS OF USE”) CAREFULLY BEFORE USING ANY WEBSITE ON WHICH THESE TERMS ARE POSTED (“WEBSITE(S)”). YOUR USE OF ANY OF THESE SITES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE AND DISLCAIMERS.

Parties

Tucker Energy Services, Inc. (“Operator”), is the commercial operator of these Websites, although software, hosting, and any other functions and content may be provided by Operator’s service providers (“Service Providers”), other companies affiliated with Operator (“Affiliates”), or merely in a business relationship with Operator (“Business Partners”). Operator’s Service Providers, Affiliates, and Business Partners are intended third-party beneficiaries of these Terms of Use. For purposes of these Terms of Use, the term “Affiliates” includes any entity or person, directly or indirectly, owning a controlling interest in, or under common ownership control with, Operator, or any entity or person in which Operator, directly or indirectly, owns a controlling interest. References to “Tucker” shall include Operator any and all Affiliates.

Privacy

Please review our Privacy Policy (privacypolicy), which also governs your visit to any of the Websites, to understand our privacy practices. The Privacy Policy is herein incorporated into these Terms of Use.

Exclusive Terms

Please note that these Terms of Use govern your access and use of this Website and do not alter or affect the terms and conditions of any other agreement that you may have entered into with any Tucker entity for any given product or service. The latter agreement will continue to govern that specific legal relationship with Tucker. However, some pages on this Website or areas of this Website with restricted access may require the application of addition or special terms and conditions, which may be accessed through a separate link on the home page of that site.

Geographic Scope

The Website may be viewed internationally, and may contain references to products or services not available in all countries. References to a particular product or service do not imply that Tucker intends to make such products or services available in such countries.

Electronic Communications

When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via e-mail or by posting notices on the Website satisfy any legal requirement that such communications be in writing.

All content included on the Website, including, but not limited to, text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software, and code, is the property of Tucker or its content suppliers, WITH ALL RIGHTS RESERVED, and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Tucker or its content suppliers, and is protected by United States and international copyright laws. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Website without the express, written consent of Tucker. All copyright or other proprietary notices must be kept intact.

Trademarks

No trademark, service mark, certification mark, collective mark or trade dress (collectively “Trademarks”) owned by Tucker, Service Providers, or Business Partners may be copied, imitated, or used, in whole or in part, without prior written permission of the owner of the relevant Trademark. All page headers, custom graphics, and button icons may be Trademarks owned by Tucker, Service Providers, or Business Partners which may not be copied, imitated, or used, in whole or in part, without the relevant owner’s prior written permission. No rights to use any Trademarks are granted under the Terms of Use. Certain company names and products mentioned on the Websites may be claimed as Trademarks by their respective owners, who may not be affiliated with Tucker, Service Providers, or Business Partners.

The registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin of Tucker may not be used in connection with any business, product, or service whose source is not Tucker, in any manner that is likely to cause confusion among customers, the trade, or the public, or in any manner that disparages or discredits Tucker. All other trademarks, service marks, trade names, and logos not owned by Tucker that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Tucker. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin of Tucker displayed or contained in the Website without the express, written consent of Tucker.

Patents

Some products and processes used on the Websites may be covered by, or may be subject to, one or more patents and are subject to other trade secret and proprietary rights. Tucker, Service Providers, and Business Partners reserve all such rights. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of the products or processes on the Websites. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the foregoing patents, licensed patents, or the patentable inventions contained therein without the express, written consent of Tucker.

Software

Any software, including any files, images generated by the software, code, and data accompanying the software (collectively, “Software”), used or accessible through the Websites may be used by you solely for accessing and using the Websites for purposes expressly stated on the Websites or in an applicable written document, provided that such uses are not competitive or derogatory to Tucker or its Service Providers, or Business Partners. Tucker and its Service Providers, and Business Partners retain full and complete title to and all intellectual property rights they may own in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble, or create derivative works based upon any Software.

Confidentiality

The following restrictions apply to use of material on the Websites: (i) if any information is marked “Proprietary” or “Confidential” or words of like import, you will hold such information in confidence, use it exclusively in connection with the activities for which you are authorized on the Websites, and not publish or otherwise disclose it to others; (ii) if any information contains restrictions on use or disclosure, you will comply with the restrictions; and (iii) you will keep all restrictive language intact in all copies.

License and Site Access

Tucker grants you a nonexclusive, nontransferable, limited right and license to access and make personal use of the Website and the material provided hereon for your personal, noncommercial use, provided that you fully comply with the Terms of Use of the Website. You agree not to download (other than page caching) or modify the Website, or any portion of it, except with express, written consent of Tucker.

The Website pages and content may be electronically copied or printed in hard copy for internal informational, personal or non-commercial use only, provided that no modifications are made, it is not published in any media, and on each page of every internal copy, Tucker is acknowledged as the source with a copyright symbol. This license does not include any rights of resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express, written consent of Tucker. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form) of Tucker without its or their respective express, written consent. You may not use any metatags or any other “hidden text” utilizing Tucker’s name or trade names, trademarks, or service marks without the express, written consent of Tucker. Any unauthorized use terminates the permission or license granted by Tucker.

Your Account

If you use the Website, 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.

User Conduct – Security

In using any of the Websites, you agree not to:

disrupt or interfere with the security of, or otherwise abuse, the Websites, or any services, system resources, accounts, servers, or networks connected to or accessible through the Websites or affiliated or linked websites;

disrupt or interfere with any other user’s enjoyment of the Websites or affiliated or linked websites;

upload, post, or otherwise transmit through or on any Websites any viruses or other harmful, disruptive, or destructive files;

use or attempt to use another’s account, service or system without authorization from Tucker or create or use a false identity on any Websites;

transmit through or on any Websites spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;

attempt to obtain unauthorized access to any Websites or portions of any Website that are restricted from general access;

grant access to or use any Website or portions of any Website that are restricted to any third party without Tucker’s prior consent; or

use the user name or password of any other person at any time.

Reviews, Comments, Communications, and Other Content

Tucker reserves the right to refuse service, terminate accounts, or remove or edit content in their sole discretion. This Website may include discussion forums or other interactive areas, including chat rooms, bulletin boards, and collaboration facilities. You may not post reviews, comments, and other content, send e-cards and other communications, or submit suggestions, ideas, comments, questions, or other information, any of which is illegal, obscene, threatening, defamatory, invasive of privacy or publicity rights, infringing of intellectual property rights, abusive, or otherwise objectionable, or that constitutes or encourages a criminal offense, violates the rights of any party, or otherwise gives rise to liability or violates any law. You shall remain solely liable for the content of any messages or other information posted by you on this Website, and Tucker takes no responsibility and assumes no liability for the content of posted or uploaded material. Tucker reserves the right (but has no obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Tucker a nonexclusive, 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 throughout the world in any media, including without limitation, ideas, concepts, know-how, or techniques contained in any communications, content, or materials you send to the Website for any purpose whatsoever, including, without limitation, developing, manufacturing, providing, or promoting new products or services using such information and things. You grant Tucker and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate the Terms of Use and will not cause injury to any person or entity; and that you will indemnify Tucker for all claims resulting from content you supply. In the event that applicable law operates to prevent Tucker from becoming the sole owner of any such property, then this provision shall be effective as granting to Tucker (with unfettered rights of assignment) a perpetual, worldwide, paid-in-full, nonexclusive right (including any moral rights) and license to make, use, sell, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in any such material.

Product and Service Descriptions

Tucker attempts to be as accurate as possible. However, Tucker does not warrant that product or service descriptions or other content of this site is accurate, complete, reliable, current, or error-free. Tucker disclaims any liability for any failure to update this website or the information or any document contained herein.

Links

These Terms of Use apply only to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, services, or other materials on or available from such other websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damages that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products, services or other resources available from any other website (regardless of whether we directly or indirectly link to such content, advertisements, products, services, or other resources). You should direct any concerns with respect to any other websites to that website’s administrator or webmaster.

Tucker respects the intellectual property rights of others, and we ask our users to do the same. In appropriate circumstances and in our discretion, we may terminate the rights of any user to use of the Website (or any part thereof) who infringed the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you are aware of someone so infringing on your rights, please provide the following information to the “Copyright Agent” specified below:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed upon;

A description of where the material that you claim is infringing is located on the Website;

Your address, telephone number, and e-mail address;

A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, and or the law; and

A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You may send any notices, including notices of copyright infringement under the Digital Millennium Copyright Act, to Tucker’s designated agent for notice of claims of copyright infringement on the Website at the following address:

15311 Vantage Parkway W, Ste 250

Houston, TX 77032

Phone: (281) 442-9096

Fax: (281) 442-3811

Please note that this procedure is exclusively for notifying Tucker that your copyrights materials have been infringed.

THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT.

Disclaimer of Warranties and Limitation of Liability

This Website is provided by Tucker on an “as is” and “as available” basis. Tucker makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website. You expressly agree that your use of the Website is at your sole risk.

Tucker makes no guarantees, warranties or representations, express or implied, concerning the security, timeliness, relevancy, sufficiency, accuracy, reliability, fitness for any particular purpose, title, non-infringement or completeness of any data, information, or services furnished to you on or through this site, or concerning the information you provide to us. Tucker disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Tucker does not warrant that the Website, its servers, or e-mail sent from Tucker are free of viruses or other harmful components. Tucker will not be liable for any damages of any kind arising from the use of the website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.

Certain state laws do not allow limitation on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Governing Law

The Website was developed in the United States of America in accordance with and shall be governed by the laws of the state of Texas, United States of America. By visiting the Website, you agree that the laws of the state of Texas of the United States, without regard to principles of conflict of laws, will govern these Terms of Use, and any dispute of any sort that may arise between you and Tucker.

English Language

The parties agree that there shall be no requirement to translate any of the Websites, or any portion thereof or content thereon, into any other language than the one in which they appear, and that all contractual and transactional communications shall be in the English language, and that there shall be no requirement to translate any communication into any other language.

Disputes

Any dispute or claim which you may have (“Claim”) arising form your access or use of the Website shall be first submitted to Tucker within one month (30 days) from the occurrence of the event upon which such Claim is alleged to be based, or such Claim shall be deemed waived. Any claim which has been properly submitted to Tucker which has not been resolved within a reasonable period of time not to exceed six (6) months may be submitted to binding confidential arbitration in Houston, Texas, of the United States of America, except that, to the extent you have in any manner violated or threatened to violate Tucker’s intellectual property rights, Tucker may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, and you consent to exclusive jurisdiction and venue in such courts. YOU EXPRESSLY WAIVE ANY RIGHT TO BRING ANY LITIGATION IN ANY JURISDICITON AGAINST TUCKER BASED ON YOUR ACCESS OR USE OF THIS WEBSITE OR UNDER THESE TERMS OF USE. Arbitration under these Terms of Use shall be conducted under the rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Any arbitral award will specifically exclude any special, indirect, incidental, exemplary, punitive, or consequential damages. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these terms and conditions of use, whether through class arbitration proceedings or otherwise.

Site Policies, Modification, and Severability

As noted above, you are encouraged and advised to review the Terms of Use and the Privacy Policy posted on the Website. These policies also govern you visit to the Website. By using the Website, you agree to be bound by and to abide by these policies, just as if you had signed an agreement. If you do not comply with these Terms of Use at any time, we reserve the right, if applicable, to terminate your password, user account, or your access to the Website (or any part thereof). You agree that any termination or cancellation of your access to, or use of, the Website, may be effected without prior notice. Further, you agree that we will not be liable to you or to any third party for any termination or cancellation of your access to, or use of, the Website.

We reserve the right, in our sole discretion, to change, modify, add to, or remove portions of the Website, the Terms of Use and the Privacy Policy at any time. You should check these terms and conditions of use and privacy policy periodically for changes. By using the Website after we post any changes to the Terms of Use or the Privacy Policy, you agree to accept those changes, regardless of whether you reviewed them. If you do not agree to these Terms of Use and the Privacy Policy, you should not use the Website and, if applicable, you should arrange to cancel your registered user account or subscription with us. If any of these Terms of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severed and will not affect the validity and enforceability of any remaining condition.