Web Site and Usage Terms and Conditions



Except as otherwise expressly provided, all materials on this site Copyright © 2011-2015 ShaleEnergyUSA.com All rights reserved.

This web site (this “Web Site”) is provided by ShaleEnergyUSA.com, located at 11245 Dovedale Court, Marriottsville, MD 21104, USA. This document is a binding agreement between you and ShaleEnergyUSA.com and is referred to as this “Agreement.” Your use of this Website confirms that you understand these terms and conditions, and it signifies that you agree with all terms and conditions contained in this Agreement.

• Do not use this Web Site unless you agree to all terms and conditions of this Agreement.

This Agreement may not be modified by any ShaleEnergyUSA.com representatives, unless in writing and physically (and not electronically) signed. The term “you” (including such formatives as “your”, and “yours”) means you, the person accepting this Agreement, as well as any persons using this Web Site under your control, supervision, equipment, facilities, connection and/or authority. The term “Web Site” includes all aspects, functions and services arising from or related to this Web Site, such as any electronic communication or research facility, storage and/or any Web Site Services (defined below). Certain website aspects, functions and/or services may be identified in this Agreement that is not yet provided by ShaleEnergyUSA.com, but shall be applicable if and to any extent provided in the future.

Entire Agreement.

This Agreement is the final, complete and exclusive statement of the entire agreement between ShaleEnergyUSA.com and you, with the exception only for other written agreements that you may have entered into with ShaleEnergyUSA.com for specific additional services. Subject to the foregoing sentence, this Agreement supersedes any prior and contemporaneous: proposals, purchase orders, advertisements, representations, and all other communications regarding the subject matter of this Agreement, whether oral or written. No terms or conditions, other than those contained in this Agreement, and no other agreement or understanding which in any way modifies or changes the terms and conditions hereof, shall be binding unless executed for such purpose in a physical writing. Notwithstanding the foregoing, you agree that this Agreement is subject to change from time-to-time in the discretion of ShaleEnergyUSA.com without advance notice. Each time you enter this Web Site, you agree to be bound by the then current Agreement at such time of entry.

Web Site and Member Services.

ShaleEnergyUSA.com may host certain computer software applications or otherwise provide specific services and benefits (the "Web Site Services") that may be accessed from or on this Web Site. Some Web Site Services require payment of a fee, the respective amounts for which are separately provided to you. There are "pay as you go" ("Pay2Go Fees") fees and the membership fee ("Membership Fee").

• Pay2Go fees are applicable to specific services and/or benefits. This is similar to “ala carte” ordering. You order what you need, when you need it. However, no membership discounts are available to you.

 • The Membership Fee is for membership which includes certain benefits, services and discounts. A membership is associated with a unique membership logon account identification and password that would be provided to you. Benefits, services and discount rates are subject to change, as provided below.

If you have paid the Membership Fee and if ShaleEnergyUSA.com has provided you with any required logon account identification and/or other password information ("Web Site Password Access Information"), then you are referred to in this document as a "Web Site Member." Subject to the terms and conditions hereof, and subject to any limitations provided to you with the Web Site Password Access Information, ShaleEnergyUSA.com hereby grants to you, if and only if you are an Web Site Member, a license to access those particular Web Site Services identified with the Web Site Password Access Information (the "Member Services License").

• The Member Services License is granted only for so long as the term for which any required fee is paid and compliance with any conditions of membership.

• The Member Services License is granted only to natural persons and with data, volume and other large use limitations. Click here for requests for commercial and entity memberships.

• If you are not an Web Site Member, then you remain subject to all terms and conditions contained in this document with the exception of the terms and conditions specifically applicable to an Web Site Member.

Each Web Site Member is subject to all terms and conditions contained in this document. To the extent that any fee is not timely paid, time being of the essence, then interest shall accrue at the lesser of one and one half percent per month or the highest rate allowable by law. You agree to indemnify and hold ShaleEnergyUSA.com harmless for all costs of collection, including reasonable attorneys’ fees, if you breach this Agreement.


• All sales are final. A confirmation may be presented to you prior to committing a transaction for processing. Once the resulting transaction data is made available to you, you have been provided the full value of the transaction. There is no guarantee that the data is suitable for your intended purpose. You agree that the pricing for all transactions is established in light of the automated nature of the Web Site Services.

Use.

 You agree, represent and warrant that:

• You are at least eighteen (18) years of age.

• Any available disk space and/or "virtual files" provided by ShaleEnergyUSA.com (“Disk Space”), whether for storage of electronic mail, data, computer software, other executable related or data files, or otherwise, is for convenience only and shall not be used to store valuable, confidential or otherwise important information. You agree to keep backup copies of any information stored in or on the Disk Space. ShaleEnergyUSA.com does not provide recovery services.

• Any and all usage, tools and information on or of the Web Site is for entertainment purposes only and is not reviewed or guaranteed for accuracy.

• You guarantee the usage arising from, related to or through this Website, including, but not limited to, any usage by your staff, associates, family or others to the same extent as if you performed the actions performed by any of the foregoing, if pursuant to your Web Site Password Access Information or your equipment or authorization;

• This Web Site shall be used only for lawful purposes, and it shall not be used as a means to commit or attempt to commit a crime, tort, invasion of privacy, harassment, breach of contract, obligation or duty or to conduct unlawful activity; you will not by-pass or otherwise attempt to bypass any restrictions or passwords associated with this Web Site or content accessed or used by or through this Web Site.

• Without limiting the generality of the foregoing, you agree that you will not:

a) transmit any message, information, data, text, software or images, or other content (“Material”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another's right of privacy or publicity;

b) impersonate any person or entity, including but not limited to, a ShaleEnergyUSA.com official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;

c) post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

d) post or transmit any Material that contains a virus, harmful or corrupted data;

e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; delete or revise any Material posted by any other person or entity;

f) use this Web Site's communication features in a manner that adversely affects the availability of its resources to other users, or use inordinate bandwidth; or g) post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," or any other form of solicitation.

Access by ShaleEnergyUSA.com.

You agree that ShaleEnergyUSA.com has the right to monitor your use of this Web Site electronically and/or to disclose any information as necessary to satisfy any law, regulation or other governmental request (including, but not limited to, whether informal requests of authorities, or formal requests, such as legal process, subpoena, search warrant or court order), to operate the system properly, to protect itself or its subscribers, or otherwise. You waive any right to privacy in and to the information which you convey by or through this Website. You shall indemnify and hold ShaleEnergyUSA.com harmless from such monitoring and disclosure. ShaleEnergyUSA.com reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or are believed to be in violation hereof. You hereby authorize ShaleEnergyUSA.com, and hereby appoint ShaleEnergyUSA.com, as your attorney-in-fact to take any action necessary or appropriate to comply with any statutes, regulations, ordinances or other laws, user policies and/or industry-standard organizational or governing bodies, including, but not limited to the ICANN and its successor(s), and hereby release ShaleEnergyUSA.com from liability for any such acts. You consent to ShaleEnergyUSA.com using "cookies" or similar commonly used technical devices of storing data on your computer for the purposes of reviewing, maintaining and/or improving this Web Site and related services.

Except for certain products and services for which ShaleEnergyUSA.com is expressly and specifically identified by ShaleEnergyUSA.com as being itself the author or manufacturer, all merchandise, content, information and services offered or made available or accessible on the Internet or use of this Website are so offered or made available or accessible by third parties who are not affiliated with ShaleEnergyUSA.com or its affiliates (“Third-Party Materials”).

• ShaleEnergyUSA.com makes no endorsements, representations and/or warranties regarding Third-Party Materials. Third-Party Materials include public and governmental documents.

No advice; Do Not Rely on Article Content; Services/Prices Subject to Change.

Any articles or information, including, but not limited to, those explaining commercial issues, technical issues, legal issues or other subject matter are introductions only and not intended as advice upon which you may or should rely. Such materials are not intended to replace the advice of a properly engaged qualified professional who has examined your particular circumstances.

• ShaleEnergyUSA.com does not render legal advice or other professional advice. ShaleEnergyUSA.com makes no representation that information provided by or through this Web Site are accurate, remain accurate, up-to-date, or are appropriate for your situation. You accept all risks.

• ShaleEnergyUSA.com may have attorneys, technicians and legal assistants on its staff. If, for any reason, you communicate with such staff, you understand that such staff is not representing your interests or otherwise advising you. You agree not to rely upon any information provided by any such communication.

Any services and prices identified on or through this Web Site are subject to change without notice; some products and services are not available in all areas. ShaleEnergyUSA.com does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed by use of by or through this Web Site.

Trademarks; Service Marks; Copyright.

"ShaleEnergyUSA.com" and the ShaleEnergyUSA.com logo(s), are trademarks and/or service marks of ShaleEnergyUSA.com. All other references are marks of their respective owners and bear no relationship to ShaleEnergyUSA.com. There is no association or relationship between ShaleEnergyUSA.com and any government, business or Web Site accessed via this Website, whether through the frames, links or otherwise. This Web Site, and its content, is subject to the protection of the copyright laws of the United States and other countries. You may not reproduce any part of this Web Site, including, but not limited to, pictures and graphic images, without the prior written permission of ShaleEnergyUSA.com; provided, however, that it is understood that Member Services permit certain benefits specifically described on the Benefits of Being a Member page. YOU MAY NOT MODIFY, DECOMPILE, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO TEXT, GRAPHICS, CODE AND/OR SOFTWARE, PROVIDED, HOWEVER, THAT PURCHASED MATERIALS ARE YOURS TO USE WITHOUT THE FOREGOING RESTRICTION.

Except for the Web Site Services and related data, anything sent to ShaleEnergyUSA.com arising from your use of this Web Site may be used without liability and for any purpose without compensation or attribution to you or the sender and ShaleEnergyUSA.com may reproduce, sublicense, transfer, use, disclose, exhibit, display, transform, create derivative works and distribute such content or materials to others without limitation; this includes but is not limited to any information (including, without limitation, ideas contained therein for new or improved products and services) you submit to or through this Web Site (including, but not limited to, bulletin boards, forums and newsgroups) or by email by all means and in any media now known or hereafter developed. You grant to ShaleEnergyUSA.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse for any alleged or actual appropriation of any proprietary right in your communications to this Web Site.

No Endorsement; No Opinion of Quality; Privacy.

Reference to any customer, service provider, specific or general commercial products, process whatsoever, or any of the foregoing by trade name, trademark, manufacturer, or otherwise, does not constitute or imply endorsement, recommendation, or preference by ShaleEnergyUSA.com. Any views, statements and opinions expressed herein, by ShaleEnergyUSA.com or users of this Web Site, do not necessarily state or reflect those of ShaleEnergyUSA.com, and shall not be used for advertising or product endorsement purposes.

No Warranties.

• You assume total responsibility and risk for the use of this Web Site and use of the Web Site Services, and all related information.

The Web Site Services, this Web Site and any information and/or merchandise created, accessed and/or obtained thereby (including, but not limited to, “Third-Party Materials”), are received and/are used by you on an "AS IS " and "AS AVAILABLE " basis, with all faults, and without warranties of any kind, either express or implied, including, but not limited to, warranties of title, non-infringement or implied warranties of merchantability or fitness for any particular purpose.


Without limiting the generality of the foregoing, and notwithstanding anything herein to the contrary: i) ShaleEnergyUSA.com does not represent or warrant the successful delivery of any electronic communication or mail, or that such electronic communication or mail will remain private or in its original form or format; ii) ShaleEnergyUSA.com reserves the right, and ShaleEnergyUSA.com is here-by specifically and expressly authorized by you, to delete, to archive or to otherwise remove information and/or data of any nature from access and/or use from anyone, including, but not limited to, yourself, if any claim is made that there is a direct or indirect improper use of this Web Site, and ShaleEnergyUSA.com shall have no duty to investigate the merits of any such claim prior to taking such action. ShaleEnergyUSA.com necessarily uses the services of third-party vendors, including, but not limited to, telecommunication companies. The terms of this Agreement are necessarily subject to and limited to the terms and conditions of ShaleEnergyUSA.com agreements with such third-party vendors. You assume the risk that that access may be permanently or temporarily suspended, terminated, or otherwise adjusted, with or without notice, in the event that your use is unacceptable at any time by such third-party vendors.

Neither ShaleEnergyUSA.com nor its employees, agents, representatives or affiliates make any express or implied warranties, representations or endorsements whatsoever arising from, related to or in connection with this Web Site.

• It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information and the quality and merchantability of all merchandise, provided through this Web Site, the Web Site Services or otherwise on the Internet.

Neither ShaleEnergyUSA.com nor its employees, agents, representatives or affiliates warrant that: a) access to this Web Site and/or the Web Site Services, or use thereof, will be uninterrupted or error free; b) that a connection can or will be established, or 24/7 access; c) that information or data of any nature will remain private; or d) that any information, software or other material accessible by or through this Web Site is free of viruses, worms, trojan horses or other harmful components. Web Site Services necessarily use the services of third-party vendors, including, but not limited to, telecommunication and website hosting companies. You assume the risk that your use of this Web Site may be terminated or otherwise adjusted, without notice, in the event that such use is unacceptable at any time by such third-party vendors.

Under no circumstances shall ShaleEnergyUSA.com, or its employees, agents, representatives or affiliates be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way including, but not limited to, from your use of or inability to use this Web Site or your reliance on or use of information, Web Site Services or merchandise provided on or through this Web Site, or that may result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance. You hereby agree to indemnify ShaleEnergyUSA.com, its employees, agents, representatives and affiliates from and against all actions, claims, suits, demands, damages, liabilities, losses, costs and expenses arising out of, related to, or in any way connected with your use of this Web Site, Web Site Services and/or access to the Internet.

ShaleEnergyUSA.com shall not be liable for any failure to perform any obligations due to causes which are beyond its control and/or of a nature which it does not have the authority or power to remedy. In no event shall ShaleEnergyUSA.com’s maximum liability exceed any fee actually paid by you for thirty (30) days of use of and access to this Web Site or the cost of any fee paid for the product or service at issue, whichever is less (if the product or service consist of multiple discrete individual items, then the fee paid for such discrete individual items).

Miscellaneous.

Each Web Site Member agrees that, for a period of six (6) months following your last access to this Web Site, you shall not directly or indirectly hire, or solicit, contact, or coordinate the hiring of, any person who was an employee or subcontractor of ShaleEnergyUSA.com.

Without limiting the foregoing, this Agreement shall be binding upon and inure to the benefit and burden of the successors, heirs, personal representatives, agents, legal representatives and assigns, of any nature at any time, of the parties. ShaleEnergyUSA.com's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision hereof. ShaleEnergyUSA.com may assign its rights and duties hereunder at any time without notice to you. You may not assign any term or condition of this Agreement without the express prior written consent of ShaleEnergyUSA.com.

This document and all issues arising from or related to your use of this Web Site shall be governed and construed in accordance with the laws of the United States and the Commonwealth of Pennsylvania. You agree that any legal action or proceeding between ShaleEnergyUSA.com and/or you for any purpose concerning this document or your use of, or access to, this Web Site, or the rights/obligations hereunder, shall be brought exclusively in the Commonwealth of Pennsylvania.

Any cause of action or claim you may have with respect to this Web Site must be commenced within one (1) year after the claim or cause of action arises, or such claims or cause of action shall be barred. ShaleEnergyUSA.com's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision hereof. ShaleEnergyUSA.com may assign its rights and duties hereunder to any party at any time without notice to you. Any rights not expressly granted herein are reserved.

Any and all disputes arising from, related to or in connection with this document with an averred claimed amount exceeding ten thousand dollars ($10,000): i) shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof; ii) if the averred claim is less than twenty thousand dollars ($20,000) there shall be one (1) arbitrator; otherwise there shall be three (3) arbitrators; iii) the arbitrator(s) shall be appointed in accordance the AAA Commercial Rules from a AAA panel of arbitrators each of whom regularly represents commercial enterprises; and iv) the arbitrator(s) shall have no authority to award punitive or exemplary damages but may award temporary or permanent equitable relief. All disputes required to be resolved by binding arbitration shall be considered private and confidential and neither party shall issue press releases or otherwise disclose information regarding the same; provided, that a party may publicly respond to any prior disclosure made by the other party in breach of this provision.

Contact info@shaleenergyusa.com.com for issues regarding this Website. For any claim made pursuant to the Digital Millennium Copyright Act, please email us at info@shaleenergyusa.com.