PLEASE READ THE FOLLOWING SINGLE USER LICENSE AGREEMENT AND LIMITATION OF WARRANTY
This license covers one single user.
This Barrel Hub Subscription Agreement (“ Agreement ”) is entered into by and between Barrel Hub (“ BH ”) and “Client” or “You” (as defined in the signature block below) in order for BH to provide Client with access to BH’s online services identified on the attached Subscription Order Form (“ Services ”). This Barrel Hub Subscription Agreement is entered into by and between Barrel Hub ("BH") and "Client" or "You" to grant Client access to BH's online services upon the creation of your account. This Agreement becomes effective on the date you create your account, known as the (“ Effective Date ”).
Site Access: The Services will be made available by BH website located at www.barrelhub.co or a successor URL identified by BH (“ Site ”). Client is responsible for all costs associated with its access to the Site, including but not limited to Client’s Internet connection, computer, and browser technology.
Authorized Users. Subject to compliance with this Agreement and payment of all Subscription Fees, Client may, during the Term, permit the number of Authorized Users identified in this agreement to access and use the Site and the Services. Each Authorized User must be an employee of the Client and complete the registration process at the Site in order to obtain a username and password. Authorized Users may only use the username and password for their own individual professional use and may not permit any third party (including other employees of Client) to use their username or password. Client is responsible for all use of the Site through usernames and passwords issued to Authorized Users.
Site Updates. BH reserves the right to modify the Site and Services at any time, including but not limited to adding or removing features and content.
Usage Limits. Client agrees that it and its Authorized Users may not access or use the Site or Services for the benefit of any third party or in any manner that BH reasonably believes is abusive, including but not limited to attempting to replicate significant portions of the content in order to reduce the need to access and use the Site or Services. Client agrees that BH may track, monitor, report, analyze, and limit usage on both a Client and individual Authorized User basis.
Reverse Engineering; Interference with Technology. Client and its Authorized Users agree not to attempt to circumvent, reverse engineer, or otherwise attempt to access the source code of the Site. Client and its Authorized Users agree not to attempt to circumvent any technology used to limited access to or use of the Site or to track usage.
Reservation of Rights. All right, title, and interest (including all copyrights and other intellectual property rights) in the Site and Services belong to BH and its suppliers. Except as expressly provided in this Agreement, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. Client agrees that the Site and Services are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Client agrees not to remove or obscure the copyright or other notices contained in Site and Services, including but not limited to, any copyright or other notices included on the printable profiles.
Payment and Billing. Unless otherwise expressly set forth in this Agreement all Subscription Charges are due in full upon commencement of Your Subscription Term. You are responsible for providing valid and current payment information and You agree to promptly update your Account information, including payment information, with any changes that may occur (for example, a change in Your billing address or credit card expiration date). If You fail to pay Your Subscription Charges or any other charges for five (5) days of Our notice to You that payment is delinquent, or if You do not update payment information upon Our request, in addition to Our other remedies, We may suspend access to and use of the Services by You, Agents and End-Users.
Subscription Fees set forth on the Subscription Order Form are valid for the first year of the Term. BH may change Subscription Fees for Renewal Terms upon notice to Client no later than thirty (30) days prior to each anniversary of the Effective Date. All amounts paid under this Agreement are non-refundable.
Taxes. Client is solely responsible for all applicable sales, use, and other taxes or similar charges or duties incurred in connection with this Agreement, other than taxes based on BH’s income. Client agrees to reimburse BH in the event that BH is required to pay any such taxes.
Term. The term of this Agreement will commence on the Effective Date and will continue until the expiration of the Subscription Term. The Initial Term of this Agreement will be six (6) months, unless the User terminates in writing in the first thirty (30) days. The User will also have the option to terminate after six (6) months, on thirty (30) days prior written notice to BH. If written termination is not received an additional six (6) month renewal term will be in force (“ Renewal Term ”). The Initial Term and any Renewal Term(s) collectively constitute the “ Term.”
Termination. Either party may terminate this Agreement if the other party breaches Agreement and does cure such breach within thirty (30) days following written notice thereof from the non-breaching party. In addition, BH may terminate this Agreement immediately upon written notice to Client if Client is in breach. All reps and warranties from both parties shall survive termination of this Agreement.
Confidentiality. Client agrees that the Site and Services and all information and materials contained therein constitute confidential information of BH (“ Confidential Information ”). Client agrees to (and cause its Authorized Users to) hold in strictest confidence, and not use or disclose to any third party, any of the Confidential Information.
Assignment. BH may assign this Agreement, in whole or in part, at any time with or without notice to Client. Client may not assign this Agreement, or assign, transfer or sublicense Clients rights hereunder without BH’s prior written consent.
No Warranty; Disclaimer. The site and services are provided on an "as is", “with all faults,” and "as available" basis and the entire risk as to satisfactory quality, performance, accuracy, and effort is with client. To the maximum extent permitted by applicable law, BH, its affiliates and suppliers make no representations, warranties or conditions, express or implied. BH, its affiliates and suppliers expressly disclaim all warranties and conditions, express, statutory, and implied, including without limitation warranties or conditions of (a) merchantability, fitness for a particular purpose, workmanlike effort, title, quiet enjoyment, and non-infringement; (b) of adequacy, accuracy, timeliness, and completeness of content or results; (c) arising through course of dealing or usage of trade, and (d) of uninterrupted or error-free access or use.
Limitation on Liability. In no event will BH, its affiliates or suppliers be liable for any damages, including without limitation any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from this agreement or client’s use of the site or services, even if such party has been advised of the possibility of such damages. The exclusion of damages under this section is independent of the exclusive remedy and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable. These limitations and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. If client does not agree with any part of this agreement, or client has a dispute or claim against BH, its affiliates or suppliers with respect to this agreement, the site, or services, then client’s sole and exclusive remedy is to discontinue using the site and service. To the extent the foregoing limitation of liability is prohibited or fails of its essential purpose, BH’S sole obligation to client for damages shall be limited to actual direct damages incurred by client in reliance upon this agreement up to the amount of subscription fees paid by client in the preceding twelve (12) month period.
Choice of Law; Exclusive Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to its conflict of laws provisions. Client agrees to submit to the exclusive jurisdiction and venue in the state and federal courts sitting in Dallas County, Texas for any and all disputes, claims and actions arising from or in connection with this Agreement.
I am being granted access to the information and documents contained on this site in order to review certain information relating to proprietary oil and gas pricing information provided by Barrel Hub.
I understand that my access to this site is subject to the following conditions:
1. All of the information contained on this site is considered confidential and is subject to the non-disclosure agreement entered into between Barrel Hub and the company that I represent. I will maintain the information in confidence and will not disclose any of the information to others except as expressly permitted by the non-disclosure agreement. Furthermore, I acknowledge that any of the Company’s confidentiality undertaking contained in any of the documents, to which I am granted access, shall be applicable to me, and I agree to be bound by each such confidentiality undertaking as if I had entered into the respective confidentiality undertaking.
2. I will not attempt to download, scan, copy, print or otherwise capture any of the information contained on the site, except that I may view, print or download information for which the view, print or download capability has been enabled as indicated by the site index. I will not attempt to circumvent any of the security features of the site, and will not enable or allow others to access the site using my authorization to the site.
3. The information on this site has been prepared to assist interested parties in making their own evaluation of a prospective transaction involving their purchaser(s), and Barrel Hub does not represent the information as being all-inclusive or to contain all information that may be desirable or required in order to properly evaluate a potential transaction.
I understand that Barrel Hub is making no representations or warranties, express or implied, as to the accuracy or completeness of the information, and that Barrel Hub will have no liability with respect to any use or reliance upon any of the information.