TERMS and CONDITIONS
The Independent Oil & Gas Service, Inc. – Wichita, Kansas
These Terms and Conditions of Use, hereby referred to as the “Terms and Conditions”, for IOGsi.com, hereby referred to as the “Website”, are between a user of the website, hereby referred to as the “User”, and The Independent Oil & Gas Service, Inc., hereby referred to as “The Independent”, a Kansas Corporation.
Access to the Website or use of the Website content constitutes a User’s agreement with these Terms and Conditions. User acknowledges that User has read these Terms and Conditions and that User accepts the terms thereof. USER AGREES TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE. The Independent reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time. Notification of these changes in these Terms and Conditions will be posted on the Website, and User’s continued use of the Website affirmatively indicates User’s acknowledgement of such changes and User’s agreement to be bound by the Terms and Conditions as modified.
Unless otherwise agreed to in writing, User’s right to use of the Website is NOT TRANSFERRABLE and is subject to any restrictions established by The Independent.
The Independent may change, suspend, or discontinue any aspect of the Website at any time, at its sole discretion, without prior notice and without liability to User or any third party for such change, suspension, or discontinuance. The Independent may also impose limits on certain features and services, or restrict User’s access to parts or all of the Website without notice or liability.
SHOULD USER OBJECT TO ANY OF THESE TERMS AND CONDITIONS, OR ANY SUBSEQUENT CHANGE OR MODIFICATION TO THESE TERMS AND CONDITIONS, OR SHOULD USER BECOME DISSATISFIED WITH THE WEBSITE IN ANY WAY, USER’S ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE USE OF THE WEBSITE. SO LONG AS USER CONTINUES TO USE THE WEBSITE, THE INDEPENDENT WILL CONTINUE TO RELY ON USER’S FULL AND UNQUALIFIED ACCEPTANCE AND COMPLIANCE WITH THESE TERMS AND CONDITIONS.
User shall not have the right to sell, license, market, or lease the Website content to any third party, or unauthorized user, whatsoever without the prior written consent of The Independent.
User hereby acknowledges that as between The Independent and User, or any party acting on behalf of the User, all title to and ownership of the Website and its content remains vested in The Independent and nothing in these Terms and Conditions serves to transfer such ownership or title to User or any party acting through User. All copies and representations of content from the Website, including merged or modified portions, shall as between User and The Independent, remain The Independent’s exclusive property, and shall continue to be subject to these Terms and Conditions, and shall contain all The Independent’s copyright and other proprietary notices.
User agrees to use the Website only non-commercially, and only for User’s bona fide development or legitimate business purposes in accordance with theses Terms and Conditions. User shall use all reasonable endeavors not to permit or allow the Website to be used by any party whatsoever for purposes not connected with User’s non-commercial, legitimate business purposes.
User agrees to report promptly to The Independent any observed violation of the above. User agrees that the Website shall not be used in any manner or for any purpose other than the permitted purposes as expressly described in these Terms and Conditions.
User shall notify promptly the website’s webmaster of any known or suspected unauthorized use (s) of the Website through User’s account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of User’s means of access.
User may not share User’s means of access with others. User acknowledges that User is responsible for all usage or activity on User’s Website account, including such use of the account by any third party. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of User’s account, at The Independent’s sole discretion, and User may be referred to appropriate law enforcement agencies. User agrees to indemnify, defend, and hold The Independent harmless against liability for any and all use of User’s account.
The contents of the Website are intended for the benefit of User’s legitimate non-commercial business. All Materials displayed on the Website, including but not limited to articles, reports, photographs, images, illustrations, charts, and audio or video clips, hereby referred to as the “Content”, are protected by copyright, and is owned or controlled by The Independent or the party credited at the provider of the Content, software, or other materials. Users shall abide by all copyright notices, information, or restrictions, contained in any Content accessed through the Website. User acknowledges that he / she has no claim of ownership or other right to any Content by reason of its access, use, or otherwise.
The Website is protected by copyright as a collective work and / or compilation, pursuant to U. S. copyright laws, international conventions, and other copyright laws. Copying or storing of any Content for other than User’s legitimate non-commercial business end-use is expressly prohibited without the prior written permission of The Independent or the copyright holder identified in the individual Content’s copyright notice. IN NO EVENT SHALL USER ALTER OR DELETE ANY AUTHOR ATTRIBUTION OR COPYRIGHT NOTICE.
Except as specifically provided in these Terms and Conditions, User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create, derivative works from, distribute, display, or in any way exploit any of the Content, software materials, or the Website in whole or in part. No use is permitted which benefits any party other than The Independent or the User.
Neither The Independent nor IOGsi.com represents or endorses the accuracy or reliability of any advice, opinion, statement, or other information displayed, downloaded, uploaded, or distributed through the Website by any user, information provider, or any other person or entity. User acknowledges that any reliance upon any such opinion, advice, statement, or information shall be at the User’s sole risk. The Independent reserves the right, but not the obligation, in its sole discretion, to correct any errors or omissions in any portion of the Website.
Warranty and Availability of services and Links (continued) – Page 3
THE WEBSITE IS DISTRIBUTED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, OR MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE WEBSITE OR ANY MATERIALS OBTAINED THROUGH THE WEBSITE ARE VIRUS-FREE OR ERROR-FREE.
Neither The Independent nor anyone else involved in creating, producing, or delivering the Website Content shall be liable under any theory of law, including negligence, for any loss or damage that may arise in connection with the furnishing, performance, User’s inability to use, or User’s use of the website, including any direct, indirect, incidental, special economic, lost profit, or consequential damages, or other kind of loss or damage whatsoever, even if The Independent has been advised of the possibility of such damage.
IN NO EVENT SHALL USER BE ENTITLED UNDER ANY THEORY OF LAW, INCLUDING NEGLIGENCE, TO ANY MONETARY DAMAGES IN EXCESS OF ANY FEE PAID BY THE USER FOR USE OF THE WEBSITE DURING THE DESIGNATED SUBSCRIPTION PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR DAMAGES. USER’S RIGHT TO MONETARY DAMAGES IN SUCH AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES THAT USER MAY HAVE OTHERWISE HAD AGAINST THE INDEPENDENT. USER EXPRESSLY ACKNOWLEDGES THAT USE OF THE WEBSITE IS AT USER’S SOLE RISK.
The Website contains links to other related Internet sites, resources, and sponsors of the Website. The Independent is not responsible in any way for the availability of these outside resources or their contents. User should direct any concerns regarding any external link to that link’s site administrator or webmaster.
The Independent is not responsible for the contents of any linked site or any link contained in a linked site. The Independent is providing these links only as a convenience, and the inclusion of any link does not imply endorsement by The Independent of the linked site or its contents.
These Terms and Conditions shall be construed and enforced in accordance with Kansas law. Any action to enforce these Terms and Conditions shall be brought in the federal or state courts located in Wichita, Kansas.
Any rights not expressly granted to User in these Terms and Conditions are reserved to The Independent.
Any failure by The Independent to enforce any provision of these Terms and Conditions shall not be construed as a continuing waiver of any rights under such provision.
These Terms and Conditions represent the entire agreement between The Independent and User concerning User’s use of the Website, and supersede any prior understanding or agreement whether oral or written.