1. User's Acknowledgment and Acceptance of Terms
Wellsite Software, LLC, D/B/A Wellsite Direct (referred to as "us" or "we") provides the https://wellsitedirect.com site and various related services, including any mobile application(s), (collectively referred to as this "Site") subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between us (or your company). In addition, when using particular services or materials on this Site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.
BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS SITE, BROWSING THIS SITE OR DOWNLOADING, INSTALLING OR USING OUR MOBILE APPLICATION OR ANY OTHER SOFTWARE SUPPLIED BY US TO ENABLE YOU TO USE THE SERVICES, YOU HEREBY REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY FUTURE AMENDMENTS AND ADDITIONS TO THESE TERMS OF USE AS PUBLISHED FROM TIME TO TIME AT HTTPS://WELLSITEDIRECT.COM/EN/INFOS/TERMS/; (2) YOU ARE OF LEGAL AGE IN THE JURISDICTION IN WHICH YOU RESIDE TO FORM A BINDING CONTRACT WITH US; AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF USE PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE USER AND TO BIND THAT COMPANY TO THESE TERMS OF USE. THE TERM “YOU” REFERS TO THE PERSON IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE SITE AND THE TERM “USER” OR “USERS” REFERS TO ALL PERSONS WHO ACCESS OR USE THE SITE. EXCEPT AS OTHERWISE PROVIDED HEREIN, IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITE OR ITS SERVICES.YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
These Terms of Use are effective as of April 2022. We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Use periodically and to be aware of any modifications. Your continued use of this Site after such modifications will constitute your acknowledgment of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.
As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, Suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or its contents.
2. Description of Services
Wellsite Direct connects oilfield Suppliers with a network of Independent Sales Agents for the purpose of product and service solicitation on behalf of the Supplier for a commission. We make various services available on this Site including, but not limited to, providing access to an on-demand sales force of experienced oil and gas consultants that market and sell products and services. It is up to each Independent Sales Agent to provide such service. We will not assess the suitability, legality or ability of any Independent Sales Agent.
The use of this Site does not entitle you to engage in communication or direct activities with Independent Sales Agents in a manner that represents an Employer/Employee relationship. You understand that Independent Sales Agents are independent contractors of Wellsite Direct and may not assume or create obligations on Wellsite Direct’s behalf or take action that creates the appearance of such authority. It is the responsibility of the Supplier user to address and adhere to compliance standards surrounding the nature of their relationship with any Independent Sales Agents. The Supplier shall seek advice and guidance on their own accord to ensure compliance with Federal statutes and regulations.
We reserve the sole right to either modify or discontinue the Site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure or the addition of fee-based services. Any new features that augment or enhance the then-current services on this Site shall also be subject to these Terms of Use.
You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and modem; and your own Internet access (including payment of telephone service fees associated with such access).
You understand and agree that temporary interruptions of the services available through this Site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Site, and therefore, delays, and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this Site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.
You understand and agree that we have no control over the quality, safety, or legal aspects of the oilfield operations and transactions that take place as a result of interactions through our website, including, but not limited to, the ability of users to transport or ship materials or the ability of users to complete or fulfill any transactions entered into by way of our platform. We generally do not pre-qualify or verify users with respect to licensure, insurance, certification or other quality requirements that may be involved in a user’s business. You are responsible for investigating the background of any user you transact with through our Site.
You may not list any product on our Site that violates any applicable law, rule, statute, ordinance, regulation or prohibited items. It is users’ responsibility to ensure compliance with any and all local, state and federal requirements involved in selling, shipping, buying and transporting materials, equipment or products.
By listing on our Site, you acknowledge and agree that the product listed is in your possession or subject to your control and that you have the full right to transfer title and interest to the property. You agree to remove the listing once the item has been sold. We reserve the right, in our sole discretion, to remove any listing, without notice and without liability that does not meet the requirements of these Terms of Use.
Wellsite Direct does not provide any transportation or shipment services for any materials, equipment or products listed through our Site by other users. The delivery of any materials, equipment or products is the responsibility of the Supplier user unless otherwise agreed upon with another user. You are responsible for any agreement you enter into with any user on this Site and agree that our providing of this platform and facilitating connections between users in no way makes Wellsite Direct a party to the contractual agreement between you and another user. All communication related to the delivery of any materials, equipment or products is done between Supplier and Customer outside of our platform. Supplier is responsible for updating the status of the order so that the Independent Sales Agent is notified.
3. User Designations
Wellsite Direct provides platforms for several types of users of the Site that shall be broken down in this section. If you have any questions regarding any of these designations, please contact us at info@wellsitedirect.com.
Supplier Users
- Our Suppliers consist of Suppliers of oil and gas materials, equipment or products that use our Site as a platform to connect with Independent Sales Agents who can be contracted to find potential Buyers.
Independent Sales Agent Users
- Our sales agents are independent contractors working with Wellsite Direct to make available their resume and credentials through our Site. Independent Sales Agents may be contracted by oilfield Suppliers in order to find potential Buyers and sell the materials, equipment or products of Suppliers.
Customer or Buyer
- This Site may refer to “Customers” or “Buyers” from time to time in order to reference oil companies which are in the market for certain materials, equipment or products which a Supplier user may offer for sale.
- These users do not have access to our services and may not create an account on our Site.
Users may cancel their account by sending an e-mail to support@wellsitedirect.com. There may be a delay of up to three (3) days from the time we receive a cancellation request until the request is processed. If you cancel your subscription, you will be charged for that month’s full billing cycle and your subscription will be cancelled thereafter. Your access to our Site and your account will remain open until the end of the billing cycle.
4. Registration Data and Privacy
In order to access some of the services on this Site, you will require a separate account and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data") and maintaining and updating your Registration Data as required. You understand that Suppliers cannot create Independent Sales Agent accounts, and Independent Sales Agents cannot create Supplier accounts. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of this Site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.
The Supplier user must have the authority to register an account on behalf of the Supplier company.
5. Payment Terms
If you subscribe to a service on this Site that requires payment of a fee, you agree to pay all fees associated with such service. As the Supplier you are responsible for setting the rate of commission for your products or services. The commission rate you set will equal the fee you pay to Wellsite Direct based on the net invoice amount of each successful sale. A successful sale shall occur when a Customer accepts a sales proposal that was presented by an Independent Sales Agent. You understand you have full control over the commission rate you set on your company profile through Wellsitedirect.com. Wellsite Direct makes its money by taking a commission fee for facilitating a transaction. Any materials, equipment or products that are listed and sold by the Supplier will result in an invoice to the Supplier company.
In addition, you agree to pay a $99.00 monthly fee for use of services. For all charges for subscription services on this Site, we will bill your credit card. Recurring charges are billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within thirty (30) days of the change.
If, for any reason, your credit card company refuses to pay the amount billed for the service, you agree that we may, at our option, suspend or terminate your subscription to the service and require you to pay the overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts.
You agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service.
In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
You understand that our platform only facilitates transactions between Supplier, Independent Sales Agent, and Customer and we do not get involved in the actual delivery of any materials, equipment or products being sold or the invoice between Supplier and Customer. However, we do have to track the status of the job and associated debits and credits, as it affects the net invoice amounts and the fee Supplier pays Wellsite Direct and the commission Wellsite Direct pays to the Independent Sales Agent that sold the job. For this reason, you understand and agree to the following procedures:
- Requests for credits (price concession) made by Customer and received by the Independent Sales Agent or Supplier shall be entered into the platform by the receiving party within 24 hours of being notified. Our platform will notify the other party that a request has been entered.
- Supplier shall contact Independent Sales Agent by telephone no later than 48 hours after the request was entered (even if the e-mail notification fails) to discuss the details of the job and possible resolution.
- Negotiation shall be handled through direct communication between the Independent Sales Agent and the Supplier. The Independent Sales Agent shall represent both parties in order to resolve any possible credit delays and minimize the potential for prolonging the process.
- Supplier is responsible for entering the final credit into the system within 48 hours of resolution. If Supplier fails to enter the credit into the system within 20 days, Supplier agrees to pay commission on the full net invoice amount.
- If a Customer cancels an order, the Independent Sales Agents and Supplier are responsible for updating the status of the order so that the other party is notified.
- If the Supplier fails to perform (operationally), a credit may be requested and negotiated. This could result in a reduction of the Independent Sales Agent’s commission payment due to a price concession given by Supplier. All disputes and requests of credits for services contracted for or materials, equipment or products purchased from users on our Site will be handled according to the terms of your agreement with said user.
- Subscription fees paid by Supplier for use of Wellsitedirect.com are due within net 10 days from the date they are invoiced.
- Supplier agrees not to alter the commission rate during the course of a sale and agrees only to modify the commission rate when there are no current sales in process.
- Supplier agrees to pay commission fee to Wellsite Direct within net 30 days from the date services and/or products have been delivered to Customer.
- Supplier understands that payment to Independent Sales Agents is made directly by Wellsite Direct from the commission fee paid by Supplier and failure to remit payment of commission within net 30 days will result in a delay of payment to Independent Sales Agents for which we may assess late penalties and interest to Supplier.
- You are liable for all transaction taxes on the services provided under this Agreement (other than taxes based on Wellsite Direct’s income).
- Wellsite Direct, at its sole discretion, may make promotional offers with different features and different rates to any of our Users. These promotional offers, unless made to you, shall have no bearing whatsoever on your current agreement or terms with us.
Wellsite Direct does not set pricing directly or collaborate with any user to set pricing for any materials, equipment or products offered on our Site by another user.
6. Verification Program
We may offer Supplier users the opportunity to undergo a background check through our Site. This service is not required and we will only provide this to Supplier users who consent to a background check during the registration process. If the Supplier user passes the background check, a verified badge will be added to the Supplier user’s profile.
We use at third party provider to complete the background check. For details on what the background check will cover, please see their terms of use. Any questions on information provided as a result of the background check should be submitted directly to the third party provider.
7. Conduct on Site and Mobile Applications
Your use of the Site is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the Site. By posting information in or otherwise using any communications service or other interactive service that may be available to you on or through this Site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:
(a) Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
(b) Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(c) Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
(d) Diverts business or traffic away from https://wellsitedirect.com;
(e) Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
(f) Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
(g) Impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services or other interactive services that may be available on or through this Site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our Site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See "User’s Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with anyone else's use and enjoyment of the Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
8. Mobile Device and Services
Wellsite Direct provides certain services available via mobile device including the ability to browse services and Site from a mobile device, access certain features through an application downloaded and installed on a mobile device and make in-app purchases via mobile device (collectively referred to as “Mobile Services”). By accessing and using our Site on your mobile device and/or purchasing, downloading and using our Mobile Services, you acknowledge and agree that you may receive certain communications from the Mobile Services (such as SMS, MMS, text messages, mobile e-mails, or other electronic communications means). Delivery of our services may only be available where network is available.
Some of our Mobile Services may allow you to enable certain Global Positioning System (“GPS”) features on your mobile device. Your turning on of this feature will allow us to provide you with location based services. By using this feature, you authorize us to access GPS tracking services, wi-fi, and/or cellular triangulation to discover your location. You may turn off this feature according to the location settings on your mobile device. For more information on how we use your location information, see the Privacy Policy governing our Site and mobile application, which is specifically incorporated by reference into these Terms of Use.
You understand and agree that by accessing and using our Mobile Services, you may incur fees from the provider or carrier of the mobile services that you use and you are solely responsible for the payment of such fees, including for text messages and data. You understand and agree that your carrier's normal rates and fees, such as text messaging and data charges, will still apply, regardless of whether or not we charge a fee for our services. Not all Mobile Services may work with all carriers or devices.
9. Reviews & Ratings
As a feature of our Site, we will allow Suppliers and Independent Sales Agent users to rate each other based on performance. You agree that we may at any time display personal reviews or ratings of users on our Site or materials. For more information on how we may use the information in user reviews and ratings, please see our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.
Reviews and ratings are not endorsed by us and do not represent the views of the Wellsite Direct or its affiliates. We are neither responsible for the accuracy or reliability of, any review or rating made by anyone other than an authorized Wellsite Direct spokesperson speaking in his/her official capacity nor assume any liability for the contents of any review or rating submitted by third party users of the Site or any claim for economic loss resulting.
Because we strive to maintain a high level of integrity with respect to reviews and ratings posted or otherwise made available through the Site, you agree that: (i) you will base any review or rating on first-hand experiences with the Independent Sales Agent or Supplier; (ii) you will not provide a rating or review for any Independent Sales Agent, Supplier, or any of that company’s competitors, which you have an ownership interest, employment relationship or other affiliation with; (iii) you will not submit a review or rating in exchange for payment, free items, or other benefits from any user; (iv) your review or rating is accurate, truthful and complete in all respects; (v) your review or rating does not contain any hyperlinks and (vi) your review or rating will comply with these Terms of Use. If we determine in our sole discretion that any review or rating could diminish the integrity of the reviews and ratings, we may exclude such user content without notice.
10. Third Party Sites and Information
This Site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
11. Non-Solicitation
During your use of our Services you may not solicit the business of (or procure or assist in the soliciting of) or accept (or procure the acceptance of) business from an Independent Sales Agents, Customer, or Buyer of Wellsite Direct who is known to Supplier because of its association with Wellsite Direct for the purposes of competing with Wellsite Direct;
12. Confidentiality
You agree that the data exchanged between you as Supplier and any Independent Sales Agent, Customer, or Buyer you contact or transact with is to be kept confidential and not to be disclosed to any unauthorized third party or used for any purpose not directly related to the transaction agreed to.
You also understand that while we encourage the confidentiality between users, we cannot control or monitor all user actions and are not responsible for any information that is not kept confidential. Any questions as to how a user stores and protects such information should be directed toward the individual user.
13. Intellectual Property Information
Copyright © 2022 Wellsite Direct All Rights Reserved.
For purposes of these Terms of Use, "content" is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Site.
By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Wellsite Direct and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties. See "User’s Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
The following are registered trademarks, trademarks, or service marks of Wellsite Direct or its Affiliates. All custom graphics, icons, logos, and service names are registered trademarks, trademarks or service marks of Wellsite Direct or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Wellsite Direct or its Affiliates.
This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Site, Services, or any intellectual property rights owned by Wellsite Direct or its Affiliates. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site.
14. User's Materials
Subject to our Privacy Policy, any communication or material that you transmit to this Site or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals; accordingly, we request that you do not submit them to us in any circumstance.
We respect the intellectual property of others and we ask you to do the same. If you or any user of this Site believes its copyright, trademark, or other property rights have been infringed by a posting on this Site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed;
(c) Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
(d) Identification of the material that is claimed to be infringing, or to be subject to infringing activity, and that is to be removed and information reasonably sufficient to permit us to locate the materials;
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
Wellsite DirectAttention: Legal DepartmentPO BOX 131111Houston, Texas 77219Phone: 512-400-0020E-mail: legal@wellsitedirect.com
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
15. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (a) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Site, you may have opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any goods or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance, and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such goods and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through this Site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with Wellsite Direct. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Wellsite Direct spokesperson speaking in his/her official capacity.
Under no circumstances will Wellsite Direct or its Affiliates be liable for any loss or damages caused by your reliance on information or advice obtained through this Site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, user listings or other content available on or through this Site.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; CONSEQUENTLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
16. Limitation of Liability
Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Use and your use of this Site shall be limited to the amount you paid us for the services on the Site during the one (1) month period before the act giving rise to the liability.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS AND OILFIELD OPERATIONS THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, THE SELECTION OF TOOLS, MISSED OR LATE DELIVERY, NON-PRODUCTIVE TIME, OR INCORRECT OR MISSING INFORMATION ABOUT A JOB.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT WE DO NOT PERFORM BACKGROUND CHECKS ON ALL USERS. WE DO NOT ATTEMPT TO VERIFY THE QUALIFICATION OR LISTINGS OF OUR USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. WELLSITE DIRECT IS NOT LIABLE FOR ANY ILLEGAL ACTIVITY ON THE PART OF THE SUPPLIER OR INDEPENDENT SALES AGENT, INCLUDING WITHOUT LIMITATION, FRAUD OR FICTITIOUS BID REQUESTS.
NO USER IS OBLIGATED TO MEET OFFLINE WITH ANY OTHER USER. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SITE. YOU UNDERSTAND THAT WE MAKE NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE EXPERIENCE WITH USERS YOU MEET THROUGH THE SITE. YOU DO SO AT YOUR OWN RISK AND AT YOUR OWN PERIL.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; CONSEQUENTLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
17. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
18. Participation in Promotions
From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.
19. e-mail Services
We may make e-mail services available to users of our Site, either directly or through a third-party provider.
We will not inspect or disclose the contents of private e-mail messages except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as otherwise required by law or by court or governmental order. Further information is available in our Privacy Policy.
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited mailings (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect and we will not be responsible for any legitimate communication that is blocked or for any unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block e-mail messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
You understand and agree that you shall not use our e-mail services for any other purpose besides interacting with us, Independent Sales Agents, and/or Customers.
20. Use of Site and Storage of Material
You acknowledge that we may establish general practices and limits concerning use of the services available on our Site, including without limitation the maximum number of days that uploaded content will be retained on the Site, the maximum disk space that will be allotted or our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Site.
We provide storage space and access for material through our Site. For purposes of these Terms of Use, "material" refers to all forms of communication that we may allow, including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. You may not use this Site to publish material that we determine, at our sole discretion, to be unlawful, indecent, or objectionable, or which violates the restrictions described in "Conduct on Site" above. We will not routinely monitor the contents of your online portfolio. You are solely responsible for any information contained in your online portfolios. However, if complaints are received regarding language, content, or graphics contained in your online portfolio, we may, at our sole discretion, remove the images hosted on our servers and terminate your Web hosting service. We may also suspend the account, restrict access to it, or remove content from it if necessary or appropriate.
The accounts of our users operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities.
This Site is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although we take reasonable precautions to preserve and protect the material you upload to the Site, you should not rely on the Site as your only storage facility. You should preserve backup copies of any digital data, information, or other materials that you have uploaded. You agree not to hold us for any damage to, any deletion of, or any failure to store your files, data, or Registration Data.
21. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made, and acts or omissions that occur through, the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
22. Export Controls
Software available on or through this Site is subject to United States Export Controls. No software from this Site may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country listed above or of any such country listed on any list named above.
23. International Use
Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing the Site from territories where the contents of the Site are considered to be illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.
24. Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1, 4, 7, 10, 13-17, 20, and 24, 26-27 of these Terms of Use, as well as your liability for any unpaid fees, shall survive any termination.
25. Mediation
We may elect to resolve any controversy or claim arising out of or relating to these Terms or the Site, by mediation. The mediator shall be chosen by Wellsite Direct and all mediation proceedings shall take place in Harris County, Texas. In the event a dispute is not resolved via mediation, all suits should be filed in accordance with section 26, below.
26. Governing Law
This Site (excluding any linked sites) is controlled by us from our offices within the State of Texas, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Texas, by accessing this Site, both of us agree that the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site and the purchase of products and services available through this Site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Harris County and the United States District Court for the Southern District of Texas with respect to such matters.
27. Notices
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to us must be sent to the attention of Customer Service at legal@wellsitedirect.com, if by e-mail, or at 330 Rayford Road, Suite 359, Spring, Texas 77386 if by conventional mail. Notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Site to inform you of changes to the Site or other matters of importance. Such broadcasts shall constitute notice to you.
Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by US mail, return receipt requested; (d) on the delivery date if transmitted by confirmed facsimile; or (e) on the delivery date if transmitted by confirmed e-mail.
28. Entire Agreement
These Terms of Use constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement, or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.
29. Miscellaneous
In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against us or our Affiliates must be instituted with one (1) year after the cause of action arises or it will be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms of Use.
You agree not to sell, resell, reproduce, duplicate, copy, or use for any commercial purposes any portion of this Site or use of or access to this Site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.
30. Contact Information
If you notice that any user is violating these Terms of Use, please contact us at info@wellsitedirect.com.
This Privacy Policy discloses the privacy practices for the wellsitedirect.com site and various related services (together referred to as the “site”). Wellsite Software, LLC, the provider of the site (referred to as “Company”), is committed to protecting your privacy online. Please read the information below to learn the following regarding your use of this site (“User”).
You acknowledge that this Privacy Policy is part of our Site Terms of Use, and by accessing or using our site, you agree to be bound by all of its terms and conditions. If you do not agree to these terms, please do not access or use this site.
Company reserves the right to change this Privacy Policy at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to issuing an email to the email address listed by registered users and posting the revised Policy on this page. You acknowledge and agree that it is your responsibility to maintain a valid email address as a registered user, review this site and this Policy periodically and to be aware of any modifications. Your continued use of the site after such modifications will constitute your: (a) acknowledgment of the modified Policy; and (b) agreement to abide and be bound by the modified Policy.
1. Types of Information Collected
In order to better provide you with our numerous services, Company collects two types of information about our users: Personally Identifiable Information and Non-Personally Identifiable Information. Our primary goal in collecting information from you is to provide you with a smooth, efficient, and customized experience while using our site.
Personally Identifiable Information: This refers to information that lets the Company know the specifics of who you are. When you engage in certain activities on this site, such as registering for a membership or subscription, ordering a product or service, submitting content and/or posting content in discussion forums or other public areas, entering a contest or sweepstakes, filling out a survey, or sending the Company feedback, Company may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to elect to engage in these activities, however, Company may ask that you provide the Company personal information, such as your first and last name, mailing address (including zip code), email address, and other personal identifying information. When ordering products or services on the site, you may be asked to provide a credit card number. Depending upon the activity, some of the information Company asks you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.
Non-Personally Identifiable Information: This refers to information that does not by itself identify a specific individual. Company gathers certain information about you based upon where you visit on our site in several ways. This information is compiled and analyzed on both a personal and an aggregated basis. This information may include the website’s Uniform Resource Locator(“URL”) that you just came from, which URL you next go to, what browser you are using, and your Internet Protocol (“IP”) address. A URL is the global address of documents and other resources on the World Wide Web. An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol (“TCP/IP”) network, such as the World Wide Web. Networks like the Web use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the web, allowing web servers to locate and identify your computer. Computers require IP addresses in order for users to communicate on the internet.
2. Collection Methods and Use of Information
Company does not collect any Personally Identifiable Information about you unless you voluntarily provide it to the Company. You provide certain Personally Identifiable Information to us when you (a) register for our services and register your email address with Company; (b) enter sweepstakes or contests sponsored by the Company or one of our partners; (c) sign up for special offers from selected third parties; (d) send email messages, submit forms or transmit other information by telephone or letter; or (e) submit your credit card or other payment information when ordering and purchasing products and services on our site. Company may also collect information from you at other points on our site that state that such information is being collected.
In addition, Company may also collect, or our third party ad server and/or content server may collect, certain Non-Personally Identifiable Information. This information is ultimately stored in the form of store categories, and, in some cases, specific URLs. Company uses your IP address to diagnose problems with our servers, software, to administer our site and to gather demographic information. Our third party ad servers will also provides the Company with summary, but not individual, reports that will tell the Company how many ads were presented and clicked upon at our site.
Company will primarily use your Personally Identifiable Information to provide our services to you, as required by our agreements with you. Company will also use Personally Identifiable Information to enhance the operation of our site, fill orders, improve our marketing and promotional efforts, statistically analyze site use, improve our product and service offerings, and customize our site’s content, layout, and services. Company may use Personally Identifiable Information to deliver information to you and to contact you regarding administrative notices. Company may also use Personally Identifiable Information to resolve disputes, troubleshoot problems and enforce our agreements with you, including our Site Terms of Use, Sales Terms and Conditions, and this Private Policy.
3. Release of Information
Company does not sell, trade, or rent your Personally Identifiable Information to others. Company provides some of our services through contractual arrangements with affiliates, service providers, partners and other third parties. Company and our service partners use your Personally Identifiable Information to operate our sites and to deliver their services. For example, Company must release your credit card information to the card-issuing bank to confirm payment for products and services purchased on this site; release your address information to the delivery service to deliver products that you ordered; and provide order information to third parties that help Company provide customer service.
Company will encourage our service partners to adopt and post privacy policies. However, the use of your Personally Identifiable Information by our service partners is governed by the privacy policies of those service partners, and is not subject to our control.
Occasionally Company may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. Company will disclose Personally Identifiable Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. Company fully cooperates with law enforcement agencies in identifying those who use our services for illegal activities. Company reserves the right to report to law enforcement agencies any activities that Company in good faith believe to be unlawful.
Company may also provide Non-Personally Identifiable Information about our customers’ sales, traffic patterns, and related site information to third party advertisers, but these statistics do not include any Personally Identifiable Information.
4. Updating and Correcting Information
Company believes you should have the ability to access and edit the Personally Identifiable Information that you have provided to Company. You may change any of your Personally Identifiable Information in your account online at any time by linking to your account in accordance with instructions posted elsewhere on this site. You may also access and correct your personal information and privacy preferences by writing the Company at:
This Privacy Policy discloses the privacy practices for the wellsitedirect.com site and various related services (together referred to as the “site”). Wellsite Software, LLC, the provider of the site (referred to as “Company”), is committed to protecting your privacy online. Please read the information below to learn the following regarding your use of this site (“User”).
You acknowledge that this Privacy Policy is part of our Site Terms of Use, and by accessing or using our site, you agree to be bound by all of its terms and conditions. If you do not agree to these terms, please do not access or use this site.
Company reserves the right to change this Privacy Policy at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to issuing an email to the email address listed by registered users and posting the revised Policy on this page. You acknowledge and agree that it is your responsibility to maintain a valid email address as a registered user, review this site and this Policy periodically and to be aware of any modifications. Your continued use of the site after such modifications will constitute your: (a) acknowledgment of the modified Policy; and (b) agreement to abide and be bound by the modified Policy.
1. Types of Information Collected
In order to better provide you with our numerous services, Company collects two types of information about our users: Personally Identifiable Information and Non-Personally Identifiable Information. Our primary goal in collecting information from you is to provide you with a smooth, efficient, and customized experience while using our site.
Personally Identifiable Information: This refers to information that lets the Company know the specifics of who you are. When you engage in certain activities on this site, such as registering for a membership or subscription, ordering a product or service, submitting content and/or posting content in discussion forums or other public areas, entering a contest or sweepstakes, filling out a survey, or sending the Company feedback, Company may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to elect to engage in these activities, however, Company may ask that you provide the Company personal information, such as your first and last name, mailing address (including zip code), email address, and other personal identifying information. When ordering products or services on the site, you may be asked to provide a credit card number. Depending upon the activity, some of the information Company asks you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.
Non-Personally Identifiable Information: This refers to information that does not by itself identify a specific individual. Company gathers certain information about you based upon where you visit on our site in several ways. This information is compiled and analyzed on both a personal and an aggregated basis. This information may include the website’s Uniform Resource Locator(“URL”) that you just came from, which URL you next go to, what browser you are using, and your Internet Protocol (“IP”) address. A URL is the global address of documents and other resources on the World Wide Web. An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol (“TCP/IP”) network, such as the World Wide Web. Networks like the Web use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the web, allowing web servers to locate and identify your computer. Computers require IP addresses in order for users to communicate on the internet.
2. Collection Methods and Use of Information
Company does not collect any Personally Identifiable Information about you unless you voluntarily provide it to the Company. You provide certain Personally Identifiable Information to us when you (a) register for our services and register your email address with Company; (b) enter sweepstakes or contests sponsored by the Company or one of our partners; (c) sign up for special offers from selected third parties; (d) send email messages, submit forms or transmit other information by telephone or letter; or (e) submit your credit card or other payment information when ordering and purchasing products and services on our site. Company may also collect information from you at other points on our site that state that such information is being collected.
In addition, Company may also collect, or our third party ad server and/or content server may collect, certain Non-Personally Identifiable Information. This information is ultimately stored in the form of store categories, and, in some cases, specific URLs. Company uses your IP address to diagnose problems with our servers, software, to administer our site and to gather demographic information. Our third party ad servers will also provides the Company with summary, but not individual, reports that will tell the Company how many ads were presented and clicked upon at our site.
Company will primarily use your Personally Identifiable Information to provide our services to you, as required by our agreements with you. Company will also use Personally Identifiable Information to enhance the operation of our site, fill orders, improve our marketing and promotional efforts, statistically analyze site use, improve our product and service offerings, and customize our site’s content, layout, and services. Company may use Personally Identifiable Information to deliver information to you and to contact you regarding administrative notices. Company may also use Personally Identifiable Information to resolve disputes, troubleshoot problems and enforce our agreements with you, including our Site Terms of Use, Sales Terms and Conditions, and this Private Policy.
3. Release of Information
Company does not sell, trade, or rent your Personally Identifiable Information to others. Company provides some of our services through contractual arrangements with affiliates, service providers, partners and other third parties. Company and our service partners use your Personally Identifiable Information to operate our sites and to deliver their services. For example, Company must release your credit card information to the card-issuing bank to confirm payment for products and services purchased on this site; release your address information to the delivery service to deliver products that you ordered; and provide order information to third parties that help Company provide customer service.
Company will encourage our service partners to adopt and post privacy policies. However, the use of your Personally Identifiable Information by our service partners is governed by the privacy policies of those service partners, and is not subject to our control.
Occasionally Company may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. Company will disclose Personally Identifiable Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. Company fully cooperates with law enforcement agencies in identifying those who use our services for illegal activities. Company reserves the right to report to law enforcement agencies any activities that Company in good faith believe to be unlawful.
Company may also provide Non-Personally Identifiable Information about our customers’ sales, traffic patterns, and related site information to third party advertisers, but these statistics do not include any Personally Identifiable Information.
4. Updating and Correcting Information
Company believes you should have the ability to access and edit the Personally Identifiable Information that you have provided to Company. You may change any of your Personally Identifiable Information in your account online at any time by linking to your account in accordance with instructions posted elsewhere on this site. You may also access and correct your personal information and privacy preferences by writing the Company at:
Wellsite Software, LLC
PO BOX 131111
Houston, Texas 77219
wellsitedirect.com
Please include your name, address, and/or email address when you contact Company.
Company encourages you to promptly update your Personally Identifiable Information if it changes. Information associated with past transactions on this site cannot be deleted. In addition, it may be impossible to completely delete your information without some residual information because of backups.
5. User Choices on Collection and Use of Information
Company may, from time to time, send you email regarding our products and services. In addition, if you indicated upon registration that you are interested in receiving offers or information from Company and our partners, Company may occasionally send you direct mail about products and services that Company feel may be of interest to you. Only Wellsite Software, LLC (or agents working on behalf of www.wellsitedirect.com and under confidentiality agreements) will send you these direct mailings and only if you indicated that you do not object to these offers. If you do not want to receive such mailings, simply tell Company when you give Company your personal information. Or, at any time you can easily edit your account information to no longer receive such offers and mailings.
User also have choices with respect to cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our site may not work properly in your case.
6. Security of Information
At our site you can be assured that your Personally Identifiable Information is secure, consistent with current industry standards. The importance of security for all Personally Identifiable Information associated with our user is of utmost concern to Company. Your Personally Identifiable Information is protected in several ways. Access by you to your Personally Identifiable Information is available through a password and unique customer ID selected by you. This password is encrypted. Company recommends that you do not divulge your password to anyone. In addition, your Personally Identifiable Information resides on a secure server that only selected Wellsite Software, LLC personnel and contractors have access to via password. Company encrypts your Personally Identifiable Information and thereby prevent unauthorized parties from viewing such information when it is transmitted to Company.
Personal information that you provide that is not Personally Identifiable Information also resides on a secure server and is only accessible via password. Since this information is not accessible from outside Company you will not be asked to select a password in order to view or modify such information.
In order to most efficiently serve you, credit card transactions and order fulfillment are handled by established third party banking, processing agents and distribution institutions. They receive the information needed to verify and authorize your credit card or other payment information and to process and ship your order.
Unfortunately, no data transmission over the internet or any wireless network can be guaranteed to be 100% secure. As a result, while Company strives to protect your Personally Identifiable Information, you acknowledge that: (a) there are security and privacy limitations of the internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between User and Company through this site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.
7. Cookies
When you use our site Company will store cookies on your computer in order to facilitate and customize your use of our site. A cookie is a small data text file, which a website stores on your computer’s hard drive (if your Web browser permits) that can later be retrieved to identify User to Company. Our cookies store randomly assigned user identification numbers, the country where you are located, and your first name to welcome you back to our site. The cookies make your use of the site easier, make the site run more smoothly and help Company to maintain a secure site. You are always free to decline our cookies if your browser permits, but some parts of our site may not work properly in that case.
Company may use an outside ad serving company to display banner advertisements on our site. As part of their service, they will place a separate cookie on your computer. Company will not provide any third-party ad server with any of your Personally Identifiable Information or information about your purchases. Company and our third-party ad server will collect and use Non-Personally Identifiable Information about you, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server and whether you responded to a particular ad. Other advertisers may also place banner ads on our site in the same manner as above, but Company will not disclose any Personally Identifiable Information to them.
8. Privacy Policies of Third-Party Sites
Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information Company collects from you. Other sites accessible through our site have their own privacy policies and data collection, use and disclosure practices. Please consult each site’s privacy policy. Company is not responsible for the policies or practices of third parties. Additionally, other companies which place advertising on our site may collect information about you when you view or click on their advertising through the use of cookies. Company cannot control this collection of information. You should contact these advertisers directly if you have any questions about their use of the information that they collect.
9. Children’s Online Privacy Protection Act (“COPPA”)
Company does not specifically market to children under the age of 13. Please STOP and do not use, view, purchase, or otherwise browse the Site, Services, or Products if you are under 13 years old. If you are younger than 13, you are not permitted to enter any Personal Information on this Site.
If you are a parent and you believe your child under the age of 13 has provided Company with Personal Information, please contact Company immediately to have it removed by emailing Company at legal@wellsitedirect.com.
10. Fair Information Practices
In order to comply with Fair Information Practices Company will take the following responsive action, should a data breach occur: Company will notify you via email within ten (10) business days of any known breach.
11. CAN-SPAM Act of 2003
The CAN-SPAM Act is a U.S. law which establishes rules for commercial email messages, gives you the right to stop certain commercial email messages, gives you the right to stop certain commercial emails from being sent to you, and outlines certain penalties for commercial entities or persons who violate the law. Company collects your email address and name so Company can: (i) Send information, respond to inquiries, and/or other requests or questions; (ii) Send weekly or monthly gallery highlights in our newsletter and (iii) Market to our mailing list or continue to send emails to you after the original transaction has occurred.
In accordance with the CAN-SPAM Act, Company agrees to the following: (i) Company will not use false or misleading subjects or email address; (ii) Company will include our business mailing address and/or physical address in our emails; (iii) Company will monitor third-party email marketing services for compliance; (iv) Company will honor opt-out/unsubscribe requests quickly; and (v) Company will allow users to unsubscribe by using the appropriate link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can email legal@wellsitedirect.com or follow the instructions at the bottom of any email you receive from Company and Company will promptly remove you from future correspondence(s). However, unsubscribing from one list or set of emails may not unsubscribe you from receiving all future emails from Company. If you experience any problems unsubscribing, please email legal@wellsitedirect.com and Company will promptly handle your removal.
12. Your General Data Protection Regulation (“GDPR”) Rights
If you are located within the European Union (“EU”), you are entitled to certain rights under the GDPR. You have the right to: (i) Know how long Company will keep your information. Company will keep your information until the earlier of: (a) you either request to delete your information or (b) the Company decides it no longer needs the data and the cost of retaining it outweighs the value to keeping it; (ii) Access, rectify or erase your personal information; (iii) Withdraw your consent to the Company’s processing of your data, which shall have no effect on the lawfulness of the processing of your personal information prior to your withdrawal; (iv) Lodge a complaint with a supervisory authority that has jurisdiction over GDPR issues; and (v) Provide only your personal information which is reasonably required to enter into a contract with Company. Company will not ask for your consent to provide unnecessary personal information on the condition of entering into a contractual relationship with the Company.
13. Miscellaneous Privacy Issues
User must be at least 18 years old to have our permission to use this site. Our policy is that Company does not knowingly collect, use or disclose Personally Identifiable Information about visitors that are under 18 years of age.
You should also be aware that when Personally Identifiable Information is voluntarily disclosed (i.e. your name, email address, etc.) in the discussion forums or other public areas on this site, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond our control and this Policy does not apply to such information. Any submissions to chat rooms or other public areas on this site are accepted with the understanding that they are accessible to all third parties. If you do not want your comments to be viewed by third parties, you are advised not to make any submissions. Ultimately, you are solely responsible for maintaining the secrecy of your password and/or account information. Please be careful and responsible whenever you’re online.
If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact Company by sending a letter to:
Wellsite Software, LLCPO BOX 131111Houston, Texas 77219
User may also contact Company via email at legal@wellsitedirect.com.
Please include your name, address, and/or email address when you contact Company.
Company encourages you to promptly update your Personally Identifiable Information if it changes. Information associated with past transactions on this site cannot be deleted. In addition, it may be impossible to completely delete your information without some residual information because of backups.
5. User Choices on Collection and Use of Information
Company may, from time to time, send you email regarding our products and services. In addition, if you indicated upon registration that you are interested in receiving offers or information from Company and our partners, Company may occasionally send you direct mail about products and services that Company feel may be of interest to you. Only Wellsite Software, LLC (or agents working on behalf of www.wellsitedirect.com and under confidentiality agreements) will send you these direct mailings and only if you indicated that you do not object to these offers. If you do not want to receive such mailings, simply tell Company when you give Company your personal information. Or, at any time you can easily edit your account information to no longer receive such offers and mailings.
User also have choices with respect to cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our site may not work properly in your case.
6. Security of Information
At our site you can be assured that your Personally Identifiable Information is secure, consistent with current industry standards. The importance of security for all Personally Identifiable Information associated with our user is of utmost concern to Company. Your Personally Identifiable Information is protected in several ways. Access by you to your Personally Identifiable Information is available through a password and unique customer ID selected by you. This password is encrypted. Company recommends that you do not divulge your password to anyone. In addition, your Personally Identifiable Information resides on a secure server that only selected Wellsite Software, LLC personnel and contractors have access to via password. Company encrypts your Personally Identifiable Information and thereby prevent unauthorized parties from viewing such information when it is transmitted to Company.
Personal information that you provide that is not Personally Identifiable Information also resides on a secure server and is only accessible via password. Since this information is not accessible from outside Company you will not be asked to select a password in order to view or modify such information.
In order to most efficiently serve you, credit card transactions and order fulfillment are handled by established third party banking, processing agents and distribution institutions. They receive the information needed to verify and authorize your credit card or other payment information and to process and ship your order.
Unfortunately, no data transmission over the internet or any wireless network can be guaranteed to be 100% secure. As a result, while Company strives to protect your Personally Identifiable Information, you acknowledge that: (a) there are security and privacy limitations of the internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between User and Company through this site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.
7. Cookies
When you use our site Company will store cookies on your computer in order to facilitate and customize your use of our site. A cookie is a small data text file, which a website stores on your computer’s hard drive (if your Web browser permits) that can later be retrieved to identify User to Company. Our cookies store randomly assigned user identification numbers, the country where you are located, and your first name to welcome you back to our site. The cookies make your use of the site easier, make the site run more smoothly and help Company to maintain a secure site. You are always free to decline our cookies if your browser permits, but some parts of our site may not work properly in that case.
Company may use an outside ad serving company to display banner advertisements on our site. As part of their service, they will place a separate cookie on your computer. Company will not provide any third-party ad server with any of your Personally Identifiable Information or information about your purchases. Company and our third-party ad server will collect and use Non-Personally Identifiable Information about you, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server and whether you responded to a particular ad. Other advertisers may also place banner ads on our site in the same manner as above, but Company will not disclose any Personally Identifiable Information to them.
8. Privacy Policies of Third-Party Sites
Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information Company collects from you. Other sites accessible through our site have their own privacy policies and data collection, use and disclosure practices. Please consult each site’s privacy policy. Company is not responsible for the policies or practices of third parties. Additionally, other companies which place advertising on our site may collect information about you when you view or click on their advertising through the use of cookies. Company cannot control this collection of information. You should contact these advertisers directly if you have any questions about their use of the information that they collect.
9. Children’s Online Privacy Protection Act (“COPPA”)
Company does not specifically market to children under the age of 13. Please STOP and do not use, view, purchase, or otherwise browse the Site, Services, or Products if you are under 13 years old. If you are younger than 13, you are not permitted to enter any Personal Information on this Site.
If you are a parent and you believe your child under the age of 13 has provided Company with Personal Information, please contact Company immediately to have it removed by emailing Company at legal@wellsitedirect.com.
10. Fair Information Practices
In order to comply with Fair Information Practices Company will take the following responsive action, should a data breach occur: Company will notify you via email within ten (10) business days of any known breach.
11. CAN-SPAM Act of 2003
The CAN-SPAM Act is a U.S. law which establishes rules for commercial email messages, gives you the right to stop certain commercial email messages, gives you the right to stop certain commercial emails from being sent to you, and outlines certain penalties for commercial entities or persons who violate the law. Company collects your email address and name so Company can: (i) Send information, respond to inquiries, and/or other requests or questions; (ii) Send weekly or monthly gallery highlights in our newsletter and (iii) Market to our mailing list or continue to send emails to you after the original transaction has occurred.
In accordance with the CAN-SPAM Act, Company agrees to the following: (i) Company will not use false or misleading subjects or email address; (ii) Company will include our business mailing address and/or physical address in our emails; (iii) Company will monitor third-party email marketing services for compliance; (iv) Company will honor opt-out/unsubscribe requests quickly; and (v) Company will allow users to unsubscribe by using the appropriate link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can email legal@wellsitedirect.com or follow the instructions at the bottom of any email you receive from Company and Company will promptly remove you from future correspondence(s). However, unsubscribing from one list or set of emails may not unsubscribe you from receiving all future emails from Company. If you experience any problems unsubscribing, please email legal@wellsitedirect.com and Company will promptly handle your removal.
12. Your General Data Protection Regulation (“GDPR”) Rights
If you are located within the European Union (“EU”), you are entitled to certain rights under the GDPR. You have the right to: (i) Know how long Company will keep your information. Company will keep your information until the earlier of: (a) you either request to delete your information or (b) the Company decides it no longer needs the data and the cost of retaining it outweighs the value to keeping it; (ii) Access, rectify or erase your personal information; (iii) Withdraw your consent to the Company’s processing of your data, which shall have no effect on the lawfulness of the processing of your personal information prior to your withdrawal; (iv) Lodge a complaint with a supervisory authority that has jurisdiction over GDPR issues; and (v) Provide only your personal information which is reasonably required to enter into a contract with Company. Company will not ask for your consent to provide unnecessary personal information on the condition of entering into a contractual relationship with the Company.
13. Miscellaneous Privacy Issues
User must be at least 18 years old to have our permission to use this site. Our policy is that Company does not knowingly collect, use or disclose Personally Identifiable Information about visitors that are under 18 years of age.
You should also be aware that when Personally Identifiable Information is voluntarily disclosed (i.e. your name, email address, etc.) in the discussion forums or other public areas on this site, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond our control and this Policy does not apply to such information. Any submissions to chat rooms or other public areas on this site are accepted with the understanding that they are accessible to all third parties. If you do not want your comments to be viewed by third parties, you are advised not to make any submissions. Ultimately, you are solely responsible for maintaining the secrecy of your password and/or account information. Please be careful and responsible whenever you’re online.
If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact Company by sending a letter to:
Wellsite Software, LLC
PO BOX 131111
Houston, Texas 77219
User may also contact Company via email at legal@wellsitedirect.com.