The website located at www.flaringmonitor.org (the “Site”) is operated by Bazean Corp on behalf of its affiliates and subsidiaries (collectively, “Flaring Monitor,” “us,” “we,” or “our”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
THE INFORMATION ON THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY. IT IS BELIEVED TO BE RELIABLE, BUT FLARING MONITOR DOES NOT WARRANT ITS COMPLETENESS, TIMELINESS OR ACCURACY. DATA IS UPDATED PERIODICALLY, BUT THERE IS NO GUARANTEE THAT THE SERVICE CONTAINS UPDATED DATA. THE INFORMATION ON THE SITE IS NOT INTENDED AS AN OFFER OR SOLICITATION FOR THE PURCHASE OF STOCK, ANY OTHER SECURITY OR ANY FINANCIAL INSTRUMENT. YOU ACKNOWLEDGE AND AGREE THAT: (1) THE CONTENT PRESENTED ON THE SERVICES AND SITE ARE NOT INTENDED TO PROVIDE YOU OR ANYONE ELSE WITH INVESTMENT, LEGAL, TAX, INSURANCE OR ANY OTHER KIND OF PROFESSIONAL ADVICE; AND (2) FLARING MONITOR IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITIES FOR ACTIONS TAKEN BY YOU BASED ON CONTENT PRESENTED ON THE SERVICES AND SITE. TO THE EXTENT FLARING MONITOR MAKES ANY PROJECTIONS OR ESTIMATES BASED ON THE CONTENT, SUCH PROJECTIONS AND ESTIMATES ARE ESTIMATES ONLY, AND BASED ON AN ANALYIS OF DATA THAT MAY NOT BE COMPLETE OR UP-TO-DATE.
1. Use of Our Service
1.1 Eligibility. You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of these Terms. The Service is not available to any Users previously removed from the Service by Flaring Monitor.
1.2 Service Rules. You agree not to engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (b) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Flaring Monitor servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Flaring Monitor grants the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials); (c) transmitting spam, chain letters, or other unsolicited email; (d) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (e) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (f) uploading invalid data, viruses, worms, or other software agents through the Service; (g) collecting or harvesting any personally identifiable information, including account names, from the Service; (h) using the Service for any commercial solicitation purposes; (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (j) interfering with the proper working of the Service; (k) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (l) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (m) using the Service or Site for any competitive purposes; (n) reselling, transferring, selling or licensing any Content or any portion of the Site or Service; or (o) reverse engineering the Site or Service. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms. You are solely responsible for your interactions with other Flaring Monitor Users. Flaring Monitor shall have no liability for your interactions with other Users, or for any User's action or inaction.
2. Proprietary Rights. Flaring Monitor retains sole and exclusive ownership of all rights, title and interests in the Service, the Site, and all intellectual property rights relating thereto, including, without limitation, issued patents and pending patent applications with respect to the Service and the technology related thereto. As between the parties, and except where prohibited by applicable law, Flaring Monitor owns all right, title, and interest in and to the content on the Site and available through the Service. This provision shall survive termination and expiration of these Terms and shall remain in full force and effect thereafter. You acknowledge and agree that Flaring Monitor will have no obligation to provide you with any support or maintenance in connection with the Site. Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. Flaring Monitor reserves all rights not expressly granted herein in the Service. Flaring Monitor may terminate this license at any time for any reason or no reason. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site or Service; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Service; (c) you shall not access the Site or Service in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site or Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site and Service shall be subject to these Terms.
3. Content. The Service and Site may host or provide Third Party Content, or include links to other websites or applications (each, a “Third Party Service”). We do not control or endorse any Third Party Content or any Third Party Service. We are not obligated to review any Third Party Content or Third Party Service for accuracy, completeness, or currency, and you agree that we are not responsible for the availability, accuracy, or content of any such Third Party Content or Third Party Service. Third Party Content may not be up to date. Your use of and reliance on any Third Party Content or Third Party Service is at your own risk. Third Party Content is not information created or provided by Flaring Monitor and does not constitute a recommendation to buy, sell, or hold any security or securities. Flaring Monitor does not monitor, supervise or endorse any Third Party Content. Some of the services made available through the Service and Third Party Services may be subject to additional third party terms of service, privacy policies, licensing terms and disclosures, and other terms, conditions, and policies. It is your responsibility to familiarize yourself with any such applicable third party terms. “Third Party Content” means Content that originates from parties other than Flaring Monitor, which is made available in connection with the Service.
4. Feedback. If you provide Flaring Monitor with any feedback or suggestions regarding the Site or Service (“Feedback”), you hereby assign to Flaring Monitor all rights in such Feedback and agree that Flaring Monitor shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Flaring Monitor will treat any Feedback you provide to Flaring Monitor as non-confidential and non-proprietary. You agree that you will not submit to Flaring Monitor any information or ideas that you consider to be confidential or proprietary.
5. Indemnity. You agree to defend, indemnify and hold harmless Flaring Monitor and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service, including without limitation any content therein; (b) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (d) your violation of any applicable law, rule or regulation;
6. No Warranty. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FLARING MONITOR, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE MERITS AND RISKS ASSOCIATED WITH THE USE OF ANY INFORMATION, DATA, MAPS, MATERIALS OR CONTENT (COLLECTIVELY “CONTENT”) PROVIDED THROUGH THE SERVICES BEFORE MAKING ANY DECISIONS BASED ON SUCH CONTENT. THE CONTENT PRESENTED ON THE SITE AND SERVICE IS NOT INTENDED TO PROVIDE YOU OR ANYONE ELSE WITH INVESTMENT, LEGAL, TAX, INSURANCE OR ANY OTHER KIND OF PROFESSIONAL ADVICE. YOU SHOULD CONSULT WITH A FINANCIAL, TAX OR LEGAL PROFESSIONAL FOR ADVICE REGARDING YOUR SPECIFIC FINANCIAL, TAX OR LEGAL POSITIONS AND CIRCUMSTANCES.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER FLARING MONITOR NOR ITS PROVIDERS MAKE ANY REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES AS TO THE ACCURACY, TIMELINESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT MADE AVAILABLE ON THE SERVICES. ANY AND ALL CONTENT PROVIDED TO YOU IS EXCLUSIVELY FOR INFORMATIONAL, PERSONAL AND NONCOMMERCIAL ACCESS AND USE.
YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTAND THE DISCLAIMERS PROVIDED IN THIS SECTION. FURTHERMORE, YOU REPRESENT AND WARRANT THAT YOU WILL NOT DISCLOSE, BUY OR SELL ANY SECURITY, IN BREACH OF A FIDUCIARY DUTY OR OTHER RELATIONSHIP OF TRUST AND CONFIDENCE, WHILE IN POSSESSION OF MATERIAL, NONPUBLIC INFORMATION ABOUT THE SECURITY.
7. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLARING MONITOR, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL NOT EXCEED $100.
8. Changes to the Terms. These Terms are subject to occasional revision, and if we make any substantial changes in the way we use your information, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. Any material changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site or services. Please note that at all times you are responsible for updating your information to provide us with your most current e-mail address In any event, changes to these Terms may affect our use of information that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your information, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us. Continued use of our Site, or services, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
11. Termination. Flaring Monitor may terminate your access to all or any part of the Service at any time, with or without cause, or with or without notice, effective immediately.
12. Dispute Resolution. These Terms shall be governed by the laws of the State of Texas without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. If you believe that Flaring Monitor has not adhered to these Terms, please contact Flaring Monitor by e-mail at firstname.lastname@example.org. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and Flaring Monitor are unable to reach a resolution to the dispute, you and Flaring Monitor will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org) at its Houston, Texas office. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. You and Flaring Monitor agree that any arbitration will be limited to the dispute between Flaring Monitor and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND FLARING MONITOR ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Flaring Monitor otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.
13. Entire Terms. These Terms constitutes the entire agreement between you and us regarding the use of the Site and Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Flaring Monitor is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Flaring Monitor’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms and conditions set forth in these Terms shall be binding upon assignees.
14. Trademark Information. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site and Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
15. Contact Information. Flaring Monitor welcomes your comments or questions regarding these Terms. Please e-mail us at email@example.com or contact us at the following address:
700 Louisiana St. Suite 2400.
Houston, TX, 77002