TERMS & CONDITIONS.

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RED HAWK COIL TUBING TERMS & CONDITIONS

These terms and conditions (” Terms“) are a legal contract between you (either you as an individual or the entity or organization on whose behalf you are entering into these terms and conditions) and Red Hawk Coil Tubing (” Red Hawk,” ” we,” or ” us“) for the access to and use of this website, which includes text, media, documentation, pictures and other content (collectively, the ” Website“).

BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY PROVISIONS BELOW. IF YOU DO NOT UNDERSTAND OR AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE AND PLEASE EXIT THE WEBSITE NOW.

In addition to these Terms, your use of the Website is governed by our Privacy Policy. You agree that Red Hawk’s collection, use and sharing of any personal information will be as set forth in the Privacy Policy, which may be amended by us from time to time. The Privacy Policy and any posted terms or guidelines are hereby incorporated by reference into these Terms. You agree that we have unlimited rights to any other information that you provide to us and that we may use such information in any way we choose. Such information will be deemed to be non-confidential.

Red Hawk welcomes your comments. All comments, suggestions or other information sent by you through the Website will become Red Hawk’s property and you agree that all intellectual property rights therein are transferred to Red Hawk. To the extent any of the foregoing is prevented by applicable law, you hereby grant a perpetual, royalty-free, sublicensable license to use or exploit such intellectual property rights in any way. You understand that any postings, or content submitted for posting, to publicly available portions of the Website are non-confidential for all purposes.

We may update, revise, or otherwise change the Website and/or these Terms from time to time in our sole discretion. All changes to these Terms & Conditions are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.

We may update the content on the Website from time to time, but the Website’s content (including information, statistics, and other data) are not necessarily complete or up-to-date.

Although Red Hawk strives for accuracy in all elements of the Website, it may contain inaccuracies or typographical errors. Red Hawk does not make any representations about the accuracy, reliability, completeness or timeliness of the material on this Website or about the results to be obtained from using the Website. You use this Website and its contents at your own risk.

When retrieving information from the Website, you are prohibited from (a) using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search except for a normal browser, (b) aggregating, copying or duplicating any of the materials or information available from the Website except for the small amount of materials and information temporarily required for an ordinary single use of the Website, or (c) accessing data not intended for you.

You are prohibited from violating, or attempting to violate, the security of this Website. Any such violations may result in criminal and civil liabilities to you. Red Hawk will investigate any alleged violations, and if a criminal violation is suspected, it will cooperate with law enforcement agencies in their investigations. Violations of the security of this Website include, without limitation, the following:

  • Logging into or attempting to log into a server or account that you are not authorized to access;
  • Accessing data or taking any action to obtain services not intended for you or your use;
  • Tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures without proper authorization;
  • Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of this Website;
  • Interfering with, intercepting or expropriating any system, data or information; and
  • Interfering with service to any user, host or network including, without limitation, by means of overloading, “flooding,” “mail bombing” or “crashing” any computer system.

You are also prohibited from:

  • Spamming or similar actions such as transmitting the same or similar unsolicited email messages, bulk commercial advertising, or chain letters to one or more email groups (which are two or more email addresses aggregated as a single email addressee);
  • Posting an email or otherwise transmitting or using the Website in furtherance of any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of another person’s privacy or other rights, or any material that Red Hawk, in its sole discretion, does not wish posted or transmitted on the Website;
  • Continuing to send email to a recipient who has indicated that he/she does not wish to receive a communication from you;
  • Engaging in and/or encouraging conduct that would violate any applicable law or regulation or give rise to civil liability;
  • Impersonating any individual or entity, falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forging, deleting or altering any part of TCP/IP packet header information in any email or other posting;
  • Engaging in deceptive online marketing;
  • Assisting or permitting any persons in engaging in any of the activities described above; and
  • Linking to this Website without prior written permission from Red Hawk.

The Website is protected by copyright and other intellectual property laws. These Terms & Conditions permit you to use the Website for your personal, non-commercial use only provided that you do not:

  • Reproduce, distribute, modify, or publicly display any portion of the Website;
  • Use any illustrations, photographs, video, or graphics separately from the accompanying text; or
  • Delete any copyright, trademark, or other notices.

Red Hawk and its affiliates possess rights in the United States and elsewhere in its trademarks, service marks, trade names, designs, logos and other trade dress (collectively “Marks”). No use of Red Hawk Marks may be made without the prior, written authorization of Red Hawk, except to identify the products or services of Red Hawk. Except as permitted by these Terms and Conditions nothing contained in this site should be construed as granting, by implication, estoppel or otherwise, any license or right to any person under any patent, trademark, copyright or other proprietary right of Red Hawk. Company, product and service names mentioned in the site that are not owned by Red Hawk are trademarks or service marks of their respective owners. All rights not expressly granted are reserved by Red Hawk.

You may link to the Website’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You cannot:

  • Establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent; or
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

We reserve the right to withdraw linking permission without notice.

The Website may contain links to third party websites that are not owned or controlled by Red Hawk. Red Hawk has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Red Hawk will not and cannot censor or edit the content of any third party website. By using the Website, you expressly relieve Red Hawk from any and all liability arising from your use of any third party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL RED HAWK OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (COLLECTIVELY, THE “RED HAWK ENTITIES”) BE LIABLE TO YOU FOR ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE SERVICES PROVIDED HEREUNDER FOR DAMAGES OF ANY KIND. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY OR ERROR SHALL BE TO REQUEST THAT RED HAWK CORRECT THE MATTER OR, IF RED HAWK FAILS TO DO SO, TO DISCONTINUE YOUR USE OF THE WEBSITE AT YOUR OPTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RED HAWK ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE OR (B) ANY CONTENT OBTAINED FROM THE WEBSITE.

You agree to indemnify and hold harmless Red Hawk and its officers, directors, employees, agents, affiliates, third party information providers, licensors, contractors and others involved in the Website or the delivery of products, services or information over the Website (the “Indemnified Parties”), from any breach of these Terms of Use by you, including any use of Site Content or Site Services other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting losses, damages, judgments, awards, costs, expenses and attorneys’ fees or other legal expenses of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Website.

These Terms and any action related to the access or use of the Website or services provided through the Website will be governed by the laws of the State of Texas without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Website will be brought in either Gregg or Rusk County, Texas, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Texas (excluding choice of law).

These Terms and our Privacy Policy are the entire and exclusive agreement between Red Hawk and you regarding access and use of the Website (excluding any services for which you have a separate agreement with Red Hawk that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Red Hawk and you regarding use of the Website. These Terms may not be modified orally. These Terms may not be modified or superseded by Red Hawk’s acceptance of a purchase order or the like from you or any other person.

No waiver by Red Hawk of any term in these Terms & Conditions shall be deemed a continuing waiver of such term or a waiver of any other term, and any failure of Red Hawk to assert a right under these Terms & Conditions shall not constitute a waiver of such right. If any provision of these Terms & Conditions is held by a court to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms & Conditions will continue in full force and effect. These Terms & Conditions and our Privacy Notice constitute the sole and entire agreement between you and Red Hawk regarding the Website and supersede all prior and contemporaneous understandings and agreements regarding the Website.

If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. No waiver by us of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. We may revise these Terms from time to time, the most current version will always be at redhawkct.com. By continuing to access or use the Website after those revisions become effective, you agree to be bound by the revised terms. We do not assume any obligation to notify you of changes to these Terms.

Other than the Red Hawk Entities, no other person or company will be third party beneficiaries to the Terms.