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
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
to follow all applicable laws and regulations.
on or accessible through its website or mobile application, or by notifying you of such modifications in an alternate manner. Your continued
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
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
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
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.
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
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
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
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
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
intended to survive, shall survive termination of your access to or use of the Services.
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
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
No choice of law rules of any jurisdiction will apply to nullify this choice of law.
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.
Last updated May 26, 2017