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.
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
• 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.
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
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
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
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.
• 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
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
• 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
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
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 email@example.com for issues regarding this Website. For
any claim made pursuant to the Digital Millennium Copyright Act, please email us