These Terms apply to your use of and/or reliance upon FracTrack, a website owned and operated by Twin Eagle Sand Logistics, LLC ("Twin Eagle"), and material, software, and/or content published or made available through FracTrack (collectively, the “Site”).
If you are accessing the Site on behalf of or in the service of an organization, corporation, limited liability company, and/or any other legal entity ("Company"), then you are agreeing to these Terms on behalf of that Company. You represent and warrant that you are duly authorized and have legal capacity to bind your Company to the Terms. You represent and warrant that the execution of these Terms and the performance of the Company's obligations hereunder are enforceable and binding on your Company and you as an agent of your Company. In that case, ‘you' and ‘your' refers to both that Company and you as an agent of the Company.
These Terms constitute an agreement between you and Twin Eagle; by accessing and/or using the Site, you acknowledge you have read, understood, and agree to be bound by all terms and conditions stated in or incorporated by reference. If you do not agree with these Terms in full, please do not use this Site. Twin Eagle may modify the Terms from time to time without notice. When changes are made, we will make the revised version available on this Site, which will indicate the date on which revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of the new Terms. You understand and agree that your continued access to and/or use of the Site after any posted modification to the Terms indicates your acceptance of the modification.
Twin Eagle reserves the right to change any information on this Site, including but not limited to revising and/or deleting information without prior notice. The content presented at this Site may vary depending upon your browser limitations.
If you have questions related to FracTrack operations or wish to report a violation of these Terms, please contact TESL.CustomerService@twineagle.com. For questions of a technical nature related to the Site, please contact TESL.Reports@twineagle.com. These Terms were last updated on March 8, 2022.
General Terms
By using the Site, including any third party websites, applets, software, and/or content contained therein, you agree that: (1) USE OF SITE AND CONTENT ARE ENTIRELY AT YOUR OWN RISK; (2) SITE AND CONTENT ARE PROVIDED "AS IS"; (3) TWIN EAGLE DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO (A) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, TIMELINESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES, (B) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (C) WARRANTIES THAT THE SITE SHALL RUN BUG-FREE OR ERROR-FREE OR THAT ANY SUCH ERRORS OR BUGS WILL BE FIXED, (D) WARRANTIES THAT THE SITE SHALL RUN WITHOUT ANY INTERRUPTION OR DELAY, (E) WARRANTIES THAT THE SITE WILL BE COMPLETELY SECURE, AND (F) ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. IT IS UNDERSTOOD THAT THE PROVISION OF CONTENT OR SERVICES IS DEPENDENT UPON THE CONTINUED AVAILABILITY OF COMMUNICATIONS FACILITIES TO SITE AND THAT TWIN EAGLE DOES NOT WARRANT SUCH AVAILABILITY. ADDITIONALLY, TWIN EAGLE MAKES NO WARRANTIES REGARDING SITE CONTENTS AND SERVICES THAT HAVE BEEN MODIFIED OR ALTERED BY ANY PARTY OTHER THAN TWIN EAGLE, OR ANY PROBLEMS CAUSED BY COMPUTER HARDWARE OR OPERATING SYSTEMS.
IN NO EVENT SHALL TWIN EAGLE, NOR ANY OF ITS EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, ASSIGNS, PARENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO USE OF THE SITE AND/OR ITS CONTENTS, THE INABILITY TO GAIN ACCESS TO OR USE THE SERVICE, OR OUT OF ANY BREACH OF ANY WARRANTY EVEN IF TWIN EAGLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall a claim, dispute, arbitration, or lawsuit may be made more than one (1) year after the events giving rise to the dispute.
You agree not to: (i) resell, transfer, give use of or access to the Site (or any portion thereof,) to any third party; (ii) disclose information, software, or other material obtained through the Site to a third party; or (iii) disclose any component of the Site itself or any of its derivative works to a third party.
Neither Twin Eagle nor any of its data or Site providers guarantees the accuracy, completeness or timeliness of information on this Site, and they shall not be liable for any errors or delays in content or for any actions taken in reliance on the Site.
Twin Eagle is the owner and/or authorized user of any trademark, service mark or copyright of the content on this Site, including but not limited to any screens appearing at the Site. You may not download and/or save a copy of any of the screens for any purpose except for your personal use or records or as otherwise provided in these Terms, if you do so, you may violate copyright and other laws of the several states, the United States, or other countries and may be subject to penalties. Twin Eagle does not grant any license or other authorization to any user of its registered trademarks, service marks, other copyrightable material, or other intellectual property by placing them on this Site.
Certain manuals or videos containing instructional materials may exist on the Site. Represented activities could present a danger to individuals if the instructions are not carefully followed. Also, references to specific strategies, cases, or resources are to be regarded as illustrative only.
Twin Eagle takes reasonable and appropriate measures to ensure that your personal information is disclosed only to those individuals or entities you identify. However, the internet is an open system and Twin Eagle cannot and does not guarantee that the personal information you have entered will not be intercepted by others and decrypted, and Twin Eagle shall have no liability in such event.
Links to External Websites
Clicking on certain links within this Site may take you to external websites. You acknowledge and agree that Twin Eagle has no responsibility for the accuracy or availability of information provided by linked sites. Links to external websites do not constitute an endorsement by Twin Eagle of the sponsors of such sites or the content, products, advertising or other materials presented on such sites.
You acknowledge and agree that Twin Eagle shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on such external sites or resources.
Indemnification
You agree to defend, indemnify, and hold Twin Eagle, its parent, and its affiliates harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site or the placement or transmission of any message, information, software, or other materials through the Site by you or users of your account or related to any violation of these Terms by you or users of your account, regardless of any negligence of Twin Eagle.
The prevailing party in any proceeding relating to or arising from these Terms shall be entitled to its reasonable attorney's fees, expenses, and court costs in investigating, prosecuting, or defending such action or proceeding (including upon appeal), in addition to any other relief which may be awarded.
Copyright Infringement
If you believe your copyright has been infringed on the Site, please provide Twin Eagle at contracts@twineagle.com with a signed document of one authorized containing the following:
1. Identification of the copyrighted work(s) claimed to have been infringed;
2. Identification of the material Twin Eagle allegedly is infringing;
3. All necessary contact information of the complaining party, including address, telephone number, and an electronic mail address;
4. A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
5. 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 infringed.
User Conduct on the Site
You acknowledge and agree Twin Eagle has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to comply with any law, regulation, or other governmental request, to operate the Site properly, or to protect it. Unless otherwise indicated for a particular communication, any communications or material of any kind that you e-mail, or otherwise transmit through this Site, including data, questions, comments, or suggestions (collectively, "Communications") will be treated as non-confidential and nonproprietary.
By submitting your Communications to Twin Eagle or the Site, you grant or warrant that any third-party owner of the material has granted Twin Eagle an irrevocable, royalty-free, worldwide, non-exclusive right to use, display, reproduce, modify, and distribute the Communications. In addition, Twin Eagle is free to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose, including but not limited to developing and marketing products using such information, without compensation to you.
Miscellaneous
Your use of the Sites and the information provided under these Terms do not constitute a joint venture, partnership, or agency relationship between you and Twin Eagle.
This Site is solely intended for the convenience of Twin Eagle’s customers. Twin Eagle reserves the right to exclude any person at any time from this Site with or without cause. You acknowledge and agree that Twin Eagle may terminate your password and/or account or deny you access to all or part of the Site without prior notice if you engage in any conduct or activity that Twin Eagle, in its sole discretion, determines violates any of these Terms, Twin Eagle’s rights, or is otherwise inappropriate for continued access.
These Terms and the relationship between you and Twin Eagle shall be governed by, and construed in accordance with, the laws of the State of Texas without regard to its conflicts of law provisions. You agree that this agreement was made in the State of Texas. The Parties hereby consent to venue and jurisdiction for any dispute and/or action arising under or in relation to these Terms and/or Site permitted hereunder in a federal or state court exclusively in Harris County, Texas. No action, regardless of form, arising out of these Terms or Site may be brought by either your or Twin Eagle more than one (1) year after the events giving rise to the alleged cause of action or dispute.
Recognizing the global nature of the Internet, you agree to comply with all applicable laws and regulations. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Headings of these Terms are for convenience only and shall have no legal meaning or effect.
These Terms contains the entire agreement between you and Twin Eagle with regard to your use of this Site. The Terms, and not the conduct between you and Twin Eagle or any trade practice, shall control the interpretation of the agreement between the parties respecting the Site. No transmission by you to Twin Eagle can serve to modify or amend in any fashion any provision of these Terms. Should any part of these Terms be held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The waiver by Twin Eagle of any provision herein shall not constitute either an ongoing waiver of a requirement of these Terms or a waiver of any other breach of this agreement.