PetroSwell.com Terms of Use



This is a contract. By using this website or mobile application, and its content, including, but not limited to, reports, information, images, products, services and data provided or accessible in connection with the website or mobile application (collectively, the ”Services” ), you agree to be bound by the following terms and conditions(the "Terms of Use").

Acceptance of Terms. PetroSwell makes the Services available to you subject to the following Terms of Use. These Terms of Use also apply to any new features, updates or enhancements and products relating to the Services which are provided to you or accessible by you in connection with the website or mobile application. By using the Services, you represent to PetroSwell that you and agree to all terms, conditions, and notices contained or referenced in these Terms of Use and in connection with the website and mobile application, and agree to follow all applicable laws and regulations.

Changes to the Terms of Use. PetroSwell may, at PetroSwell's discretion, modify these Terms of Use from time to time by posting the modified Terms of Use on or accessible through its website or mobile application, or by notifying you of such modifications in an alternate manner. Your continued use of the Services thereafter will constitute your agreement to such modifications. You agree to review these Terms of Use from time to time to ensure you are aware of any changes.

Registration. By registering with PetroSwell through this website or mobile application, or using any of the Services, you agree that you have established a business relationship between you and PetroSwell.You agree that you may be contacted by PetroSwell from time to time using the information you provided during the registration process.

PetroSwell may, at its sole discretion, refuse to allow any user from registering or using Services for any reason. You agree to provide accurate and complete information when creating your account and when using the Services. You agree that you will not insert false, fraudulent, indecent, or obscene information as part of your registration, and that your registration and usage of Services will comply with all applicable state and federal laws as well as the Terms of Use.

Use of the ServicesYou hereby agree to use the Services solely for your personal use and for commercial use limited to your own transactions. To use the Services, you represent that you are an adult resident of the United States of America, including its Territories and Commonwealths.

You may not use, export or re-export the Services in violation of U.S. law or the laws of any other country or jurisdiction. Specifically, and without limiting the foregoing, the Services may not be exported or re-exported into any U.S. embargoed countries or to anyone on the U.S. Department of Commerce Denied Person’s List or Entity List or the U.S. Treasury Department’s list of Specially Designated Nationals. You represent and warrant that you are not on any such list or located in any such country and that you will not use the Services for any purposes prohibited by U.S. or other applicable law.

You may not use any robot, spider, web crawler, deeplinking or other automatic or manual device, tool or process to access, monitor, retrieve, data mine, reproduce or circumvent any portion of the Services, or in any way circumvent the navigational structure or presentation of the Services or portion thereof. You may not attempt to gain unauthorized access to any portion of the Services by any means. You agree that you will not attempt to modify, adapt, reverse engineer, decompile, translate or disassemble any portion of the Services or otherwise attempt to derive the source code or underlying ideas, programs or algorithms associated with the Services. Any unauthorized use or misuse of the Services may be a cause for terminating your right to use the Services, including the website and mobile application. PetroSwell reserves the right, in its sole discretion, to terminate your access to any part or portion of the Services without notice. If termination occurs in connection with a subscription service, PetroSwell will not refund any portion of your subscription fee following such termination, unless PetroSwell determines, at its sole discretion, that such fees are refundable.
Authorized Use of the ServicePetroSwell grants you a non-exclusive, fully revocable license to use the Services, and view information obtained on the website and mobile application, for authorized, legal, personal and commercial uses limited to your own transactions, subject to the following terms and conditions:

a. The information may be used by you solely for informational purposes and will not be distributed to others who are not acting for you.

b. You will not charge any fee to any person in connection with the Services and information obtained by you through the Services.

c. The Services or information obtained through the Services will not be modified by you in any way.

d. You will not use the Services to sell a product or service or to increase traffic to a website for commercial reasons. You will not modify, use as a basis for a derivative work, reformat, mirror, copy, reproduce, distribute, publish, perform, download, display, post, translate, transmit or otherwise use any elements of the Services, including without limitation any portion of the website or mobile application or content obtained through them.

e. All copyright or other proprietary notices that appear in connection with the Services, including on the website and mobile application, or the materials downloaded or printed from the website or mobile application, will appear on any copy of the document or portion that you make.

f. PetroSwell reserves the right to revoke this license at any time. You agree that you and any person to whom you distribute the Services or information will immediately discontinue any use of the Services or information upon notice of revocation. You are responsible for ensuring that all persons who use our Services through your device and/or internet connection are aware of these Terms of Use and that they comply with them.

The license granted by PetroSwell to use the Services does not include the right to copy or distribute any portion of the Services, such as layout or design of the website or mobile application, or logos, graphics, sounds, or images. Elements of the Services, including the website and mobile application, are protected by copyright, trade dress, or other laws and may not be imitated in whole or in part.


Reservation of Rights. All rights not expressly granted in these Terms of Use are reserved by PetroSwell. PetroSwell will seek all remedies available by law and in equity for any violation of these Terms of Use.

Intellectual Property Notices. You agree that the Services contain proprietary information belonging to PetroSwell and its licensors, and that they are further protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws. All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly, and the overall “look and feel” and distinctiveness of the Services constitute trade dress and the property of PetroSwell. The absence of a notice relating to a PetroSwell product or service name, slogan, or logo does not constitute a waiver of PetroSwell's trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols on or in the Services may be the trademarks and the property of their respective owners. Except as expressly authorized by PetroSwell, either in these Terms of Use or otherwise, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the information, services, or products, or attempt to copy, further develop, decompile, reverse engineer, disassemble, or derive the source code of the Services, or any updates or part thereof. Any attempt to do any of the foregoing is a violation of PetroSwell’s rights and the rights of its licensors. If you breach this restriction, you may be subject to prosecution and damages. In addition, you agree that any derivative works, improvements, inventions or works developed by you based upon or relating to the Services involving a breach of these Terms of Use shall be owned by PetroSwell, and you hereby assign and agree to assign to PetroSwell such derivative works, improvements, inventions or works developed by you.

Links to Other Websites and Related Disclaimer. The Services may include links to other websites, content or services beyond PetroSwell's control. PetroSwell provides you with these links solely for your convenience. Some of these websites, content or services may be co-branded. The provision of any link to another service provider does not signify an endorsement by PetroSwell of the service provider's website or the services offered by that service provider. PetroSwell has no control over, does not review, and cannot be responsible for the information contained on other websites or provided by third parties. PetroSwell does not make any representations regarding the content, accuracy, completeness, decency, legality, non-infringement, quality or any other aspect of such third-party websites, content, or services. PetroSwell is not responsible for and does not assume any liability with respect to the content, privacy practices or otherwise of third parties.

Your use of such third party websites, content or services will be subject to terms and conditions of that third party. YOU AGREE THAT PETROSWELL WILL NOT BE RESPONSIBLE OR LIABLE FOR LOSS OR DAMAGE YOU MAY INCUR AS THE RESULT OF A TRANSACTION YOU ENTER INTO THROUGH THE WEB SITE OR SERVICES OF A THIRD PARTY.


Disruption of Service. We do not guarantee that our Services will always be available. Access to the Services may be unavailable from time to time, due to, among other things: severe weather; hardware failure; software failure. PetroSwell is not liable to you if, for any reason, the Services are unavailable at any time or for any period.

Disclaimers. THE SERVICES ARE MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY AND NOT INTENDED TO PROVIDE SPECIFIC COMMERCIAL, FINANCIAL, INVESTMENT OR LEGAL ADVICE.

All material and information included in, available from, or available through the Services are provided "as is" and "as available." PetroSwell disclaims all express or implied representations, warranties, guaranties, and conditions, including implied warranties or conditions of merchantability, fitness for a particular purpose, title, or non-infringement. Neither PetroSwell nor its licensors make any representations, warranties, or guaranties as to the quality, reliability, suitability, truth, accuracy, or completeness of the Services. PetroSwell disclaims any representation or warranty that the Services OR ANY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICES will be available at any particular time or from any particular location OR that any defects or errors will be corrected. The Services may include inaccuracies or typographical errors. Your use of the Services is solely at your risk.

WE MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SERVICES, OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE SERVICES, OR THE THIRD PARTY CONTENT AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO CEASE USE OF THE SERVICES. SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. WE DISCLAIM ANY IMPLIED OR STATUTORY WARRANTIES (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES; OR (II) THAT THE SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY OR ACCESSIBLE THROUGH THE SERVICES. NO COMMUNICATION, INFORMATION OR ADVICE GIVEN BY US OR ANY REPRESENTATIVE OF OURS, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS AND CONDITIONS.


Limitation of Liability. PETROSWELL WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE, INABILITY TO USE, OR RELIANCE ON THE PETROSWELL SERVICES, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE WEBSITE AND MOBILE APPLICATION. FOR THOSE JURISDICTIONS THAT EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS, THIS LIMITATION SHALL BE CONSTRUED TO PERMIT THE MAXIMUM EXCLUSION OR LIMITATION PERMITTED BY APPLICABLE LAW. You acknowledge that the SERVICES HAVE BEEN MADE available to you in reliance upon these Terms OF USE, and in particular the Disclaimers and Limitations of Liability.

Indemnification. You will not use the Services for any unlawful purpose, or for any purpose not permitted by these Terms of Use. You agree to indemnify, defend and hold harmless PetroSwell, its affiliates, successors, assigns, licensees and any of their officers, directors, employees, agents, subcontractors, licensors and suppliers, from any liability, loss, claim and expense (including REASONABLE attorneys’ fees) related to your violation of these Terms of Use, and/or the use of the Services by you or anyone using your account, password, login information, computer, or mobile device. You are solely responsible for defending any claim, subject to the PetroSwell’s right to participate with counsel it selects, and you will not agree to any settlement that imposes any obligation, liability or admission of guilt on the part of PetroSwell without prior written consent of PetroSwell. If you violate any provision of this section of the Terms of Use, PetroSwell may terminate your access to the Services without notice, and you have indemnity obligations to PetroSwell and other third parties entitled to indemnification as a result of your violation of these Terms of Use. This section, as well as other sections that are intended to survive, shall survive termination of your access to or use of the Services.

Severability and Integration. Unless otherwise specified in these Terms of Use or the Services, these Terms of Use constitute the entire agreement between you and PetroSwell with respect to the Services and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and PetroSwell with respect to the Services. If any part of these Terms of Use is held invalid or unenforceable, that portion is construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions remain in full effect. Additional terms may be agreed upon by you and PetroSwell with respect to content available via the Services.

Governing Law. You agree that all matters relating to your access to, or use of, the Services, and all matters relating to these Terms of Use are governed by the laws of the State of Texas, which apply in all respects, including statutes of limitation. No choice of law rules of any jurisdiction will apply to nullify this choice of law.

Non-Waiver. PetroSwell's failure to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of that right or provision. No single or partial exercise of right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

Assignment. PetroSwell may assign these Terms of Use, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use or assign, transfer or sublicense your rights, if any, in the Service.

Last updated May 26, 2017





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