Thank you for visiting this website (the “Website”), which belongs to VenTex Software Corporation (“VenTex”).
The Website is offered to you conditioned on your acceptance, without modification,
of the following terms, conditions, and notices (these “Website Terms”).
Your use of the Website (including your browsing of any of the web pages on the Website)
constitutes your agreement to be bound by these Website Terms.
VenTex reserves the right, in VenTex’s sole discretion, to change, modify, add,
or remove portions of these Website Terms at any time without notice to you.
You should read these Website Terms periodically for changes.
If you use the Website after VenTex posts changes to these Website Terms,
you are deemed to have accepted the changed Website Terms.
These Website Terms were last changed on July 2, 2009.
The Website is designed to provide you with many functions, including the ability
for you to browse the Website for informational purposes and to purchase services
and products from VenTex.
VenTex PrivacyPolicy is incorporated into, and made a part of, these Website Terms.
Ownership. The Website and all information, images, graphics, data, text, files, links, software, messages, communications, content, organization, designs, structures, compilations, libraries, magnetic translations, digital conversions, and other matters related to the Website (collectively the “Website Content”) are the exclusive property of, and exclusively owned by, VenTex and VenTex’s licensors and are protected under applicable copyright, trademark, trade secret, and other proprietary and confidentiality rights laws and regulations. Except as specifically allowed in these Website Terms, the copying, redistribution, use, or publication by you of the Website Content is strictly prohibited. You do not acquire any ownership rights to any Website Content through your access to, or use of, the Website, and you possess only those rights expressly granted to you in these Website Terms.
Limited Right to Use. VenTex grants, and you accept, a limited, non-exclusive, non-transferable, and revocable license to use the Website Content solely for your own personal or internal business use (and never in a multi-level marketing capacity or managed services environment). You many not use the Website Content for any other purpose. Further, you may not reproduce, republish, distribute, assign, sublicense, sell, or prepare derivative works of the Website Content. All rights in and to the Website Content not expressly granted in this paragraph remain in VenTex and VenTex’s licensors.
You agree to promptly pay all amounts for your use of the Website in accordance
with the applicable terms and conditions of the Website. All undisputed past due
amounts owed by you shall bear interest until paid in full at the rate of the lesser
of (i) 1.5% per month or (ii) the maximum allowed by law.
Use. You agree to use the Website only for the Website’s intended purpose. In this connection, you agree that when using the Website, you will not:
Submissions. By posting, uploading, inputting, providing, or submitting information or materials
to the Website (the “Submissions”), you are granting VenTex and VenTex’s affiliated companies irrevocable
permission (including a worldwide, transferable, perpetual, royalty-free, fully paid-up license) to use your
Submissions without restriction in perpetuity.
No compensation will be paid with respect to the use of your Submissions. By posting, uploading,
inputting, providing, or submitting your Submissions, you represent and warrant that you own or otherwise
control all of the rights to your Submissions as described in these Website Terms, including all the rights
necessary for you to provide, post, upload, input, or submit the Submissions.
Monitoring. VenTex has no obligation to monitor the Submissions or any other aspect of the Website.
However, VenTex reserves the right to review the Submissions and to refuse to post and remove any
Submission or such other materials in VenTex’s sole discretion (regardless of the reason).
VenTex assumes no liability relating to VenTex’s monitoring or removal acts or omissions.
VenTex does not guarantee the accuracy, integrity, or quality of any Submissions or other user
content or that the Website will be entirely free of illegal, offensive, or otherwise inappropriate
material or that users of the Website will not encounter inappropriate or illegal conduct from others.
If the Website offers any registration functionality, then, in connection with such functionality,
the following will apply: you agree to provide accurate, current, and complete information about yourself
as you may be asked in the registration process or from time to time. You also agree to maintain
the confidentiality and security of your password, account, and other identification information
and not provide it to any other person or entity. You are fully responsible for all use of, and
activities that occur under, your password, account, and other identification information and for
any actions that take place through your registration or access to the Website (whether conducted
by you or another). You must also maintain and promptly update personal data that you provide to
VenTex to keep such data accurate, current, and complete. You are responsible for restricting
access to your computer as necessary.
VenTex reserves the right to terminate your access to the Website at any time
(for any reason or for no reason). In particular, and without limitation,
VenTex may terminate your access to the Website upon your non-compliance with these
Website Terms or if you violate VenTex’s rights or the rights of any other party.
You agree to indemnify, defend, and hold VenTex and VenTex’s owners, partners, shareholders,
members, managers, directors, officers, employees, agents, information providers, suppliers, agents,
and attorneys harmless from any and all liabilities, losses, claims, and expenses, including reasonable
attorney’s fees, related to (i) your failure to comply with any of these Website Terms, (ii) your use
of the Website (including third party claims relating to your Submissions or information or content
downloaded by you from the Website), and (iii) all use of, and activities that occur under, your password,
account, and other identification information and any actions that take place through your registration
or access to the Website (whether conducted by you or another). VenTex has no duty to reimburse, defend,
indemnify, or hold you harmless resulting from, relating to, or arising out of, these Website Terms or
the Website or your use of the Website.
THE INFORMATION, CONTENT, AND SERVICES PROVIDED BY VENTEX THROUGH THE WEBSITE (INCLUDING THE WEBSITE CONTENT)
ARE PROVIDED “AS IS,” “WHERE IS,” AND WITHOUT WARRANTY. VENTEX DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED,
INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR
PURPOSE. VENTEX DOES NOT WARRANT THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.
VENTEX DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE. IN NO EVENT WILL VENTEX BE LIABLE
FOR ANY LOSS OR CORRUPTION OF DATA. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR ACCOUNT.
ALL INFORMATION, CONTENT, AND SERVICES PROVIDED BY VENTEX THROUGH THE WEBSITE (INCLUDING THE WEBSITE CONTENT)
ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE AND REPRESENTS NO COMMITMENT ON VENTEX’S PART IN THE FUTURE
TO MAINTAIN OR CHANGE SUCH INFORMATION, CONTENT, OR SERVICES OR TO PROVIDE THE WEBSITE. ALTHOUGH THE WEBSITE
CONTENT MAY BE UPDATED FROM TIME TO TIME, IT MAY BE OUT-OF-DATE AND/OR MAY CONTAIN INACCURACIES OR
TYPOGRAPHICAL ERRORS. VENTEX DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE COMPLETENESS,
ACCURACY, RELIABILITY, TIMELINESS, OR APPROPRIATENESS OF ANY INFORMATION, CONTENT, OR SERVICE PROVIDED BY VENTEX.
VENTEX IS NOT RESPONSIBLE FOR YOUR INABILITY OR FAILURE (FOR ANY REASON) TO ACCESS THE WEBSITE OR OTHERWISE
USE OR RECEIVE INFORMATION, CONTENT, OR SERVICES FROM OR REGARDING THE WEBSITE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL VENTEX OR ANY OF VENTEX’S AFFILIATES OR LICENSORS
BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND (INCLUDING COMPENSATORY DAMAGES, LOST PROFITS, LOST DATA,
OR ANY FORM OF SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER BASED ON BREACH
OF CONTRACT OR WARRANTY, TORT, PRODUCT LIABILITY, OR OTHERWISE) THAT RESULT FROM THE USE OF, OR THE
INABILITY TO USE, THE WEBSITE, THE WEBSITE CONTENT, OR THE SUBMISSIONS. YOU SPECIFICALLY ACKNOWLEDGE
AND AGREE THAT VENTEX AND VENTEX’S AFFILIATES AND LICENSORS ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE,
OR ILLEGAL CONDUCT OF ANY USER, INCLUDING OFFENSIVE CONTENT OR OFFENSIVE CONDUCT. IF YOU ARE DISSATISFIED
WITH ANY WEBSITE CONTENT, OR WITH ANY OF THESE WEBSITE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE WEBSITE. IN ADDITION TO THE FOREGOING LIMITS, IN NO EVENT WILL VENTEX’S OR ANY
OF VENTEX’S AFFILIATES’ OR LICENSORS’ AGGREGATE LIABILITY EXCEED $100. THE EXISTENCE OF MORE THAN ONE
CLAIM WILL NOT EXPAND THESE LIMITS. IN NO EVENT MAY YOU BRING A CLAIM OR CAUSE OF ACTION AGAINST VENTEX
OR ANY AFFILIATE OF VENTEX MORE THAN TWO YEARS AFTER THE CLAIM OR CAUSE OF ACTION AROSE.
The Website may contain links to other websites. VenTex is not responsible for, and disclaims
any liability with respect to, the content, accuracy, or opinions expressed in such websites, and
VenTex does not investigate, monitor, or check such websites for accuracy or completeness.
Inclusion of any linked website on the Website does not imply VenTex’s approval or endorsement of
the linked website or the products, services, or information available at or from such linked website.
If you decide to leave the Website and access these third-party sites, you do so at your own risk.
Specifically, you will be subject to such third-party sites’ privacy policies (if any).
You may not create an Internet “link” to the Website or “frame” or “mirror” any Website Content
without VenTex’s prior written permission for each such instance. Additionally, the Website may contain
links to other pages within the Website that are “dead” or that no longer work. Please report any such
dead-links that you encounter.
These Website Terms shall be governed by, and construed and enforced in accordance with,
the laws of the state of Texas, without regard to Texas’s conflicts of law principles.
All legal proceedings arising out of, or in connection with, these Website Terms shall be
brought solely in a court of competent jurisdiction located in Midland County, Texas.
The provisions of these Website Terms are severable, and in the event any provision of these
Website Terms is determined to be invalid or unenforceable, such invalidity or unenforceability
shall not in any way affect the validity or enforceability of the remaining provisions.
VenTex’s waiver of a breach of any provision of these Website Terms by you shall not operate or
be construed as a waiver by VenTex of any subsequent breach by you.
A printed version of these Website Terms and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon, or relating to, these Website
Terms to the same extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express wish of the
parties that these Website Terms and all related documents be drawn up in English as spoken
in the United States.
You may not assign these Website Terms (or delegate your rights, duties, or obligations
under these Website Terms) without VenTex’s prior, express, and written consent.
If you are aware of any violations of these Website Terms or if you have any questions or
comments regarding these Website Terms, please contact us at firstname.lastname@example.org.
All trademarks, service marks, and trade names displayed on the Website are proprietary to
VenTex or VenTex’s licensors, all of which are the property of their respective owners.
The following materials have been used in connection with the Website with permission
from the Society of Petroleum Engineers: