Terms and Conditions
PLEASE READ THESE TERMS & CONDITIONS (“TERMS”) CAREFULLY BEFORE USING C&C RESERVOIRS’ (“CCR”) WEBSITE, OTHER WEB PAGES, AND SYSTEMS.
By accessing or using CCR’s website located at www.ccreservoirs.com (and associated webpages) (collectively, the “Website”), you (referred to as “you,” “user,” or “submitter” herein) signify your agreement to and acceptance of these Terms. If you do not agree to these Terms (“Agreement”) you may not use the Website. CCR may, at its discretion, change, modify, add or remove all or part of these Terms at any time without notice. Users are responsible for reviewing this Agreement for any changes prior to using the Website and your use of the Website following the posting of changes to this Agreement constitutes your assent to and acceptance of any changes.
The Website contains CCR’s Database System. The Database System is comprised of information and data information made available to visitors to the Website. The Database System also contains information that is only available to licensees in good standing of CCR (“Licensees”). Licensees may access CCR’s proprietary DAKS™ – Digital Analogues Knowledge System (“DAKS™”). Unless you are a Licensee you are expressly prohibited from accessing, or attempting to access DAKS™.
DAKS and the information and data made available to visitors to the Website is collectively referred to as the “Database System”.
OWNERSHIP AND RESTRICTIONS ON USE
Ownership – The Website and CCR’s Database System contains information, including without limitation all text, photographs, graphs, data, images, page headers, software (including HTML and other scripts), buttons and other icons, and the arrangement and compilation of this information (collectively, the “Information”). The Information is the valuable, exclusive property of CCR and nothing in this Agreement shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. Various intellectual property laws protect the Information, including without limitation domestic and international copyright laws.
Use Restrictions – Unless separately and specifically authorized in writing by CCR, you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, modify, create derivative works, store or time-share CCR’s Database System, any part thereof, or any of the Information received or accessed there from to or through any other person or entity. You may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Information.
Limited Use – Notwithstanding the foregoing, Licensees may store in the memory of their computer and may manipulate, analyze, reformat, print and/or display for their non-commercial use only the Information received or accessed through the CCR’s Database System pursuant to this Agreement. You may not resell, redistribute, broadcast or transfer the Information.
Licensed Content – Portions of the Website containing the DAKS™ System are available only to Licensees who have valid user IDs and passwords. Licensees must enter into a license agreement with CCR (the “License Agreement”). The License Agreement contains additional terms and conditions with respect to Licensees, including terms with respect to CCR’s use of certain information of Licensees to monitor, fulfill and enforce the terms of the License Agreement. The terms of the License Agreement are in addition to these Terms.
Access to DAKS™ without the authorization of CCR is strictly prohibited. While Users may request information with respect to obtaining a License, entering into a License Agreement is in the sole discretion of CCR.
Security – Violating, or attempting to violate, the security of CCR’s Database System, is prohibited. By way of example, and not limitation, User will not:
- Access or attempt to access the DAKS™ without the prior written authorization of CCR;
- Test or scan the security of any of CCR’s Database System; or
- Interfere or attempt to interfere with the providing of any of CCR’s Database System.
Disclaimer of Warranties – CCR’S DATABASE SYSTEM AND ALL INFORMATION AND SERVICES CONTAINED IN OR LINKED TO CCR’S DATABASE SYSTEM AND THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CCR DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR ARISING BY STATUE, LAW, COURSE OF DEALING, COURSE OF PERFORMANCE AND PRACTICE OR USAGE OF TRADE. CCR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR CHARACTER INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR REPRESENTATIONS REGARDING THE USE, RESULTS, CORRECTNESS, ACCURACY, RELIABILITY, SUITABILITY OR OTHERWISE OF CCR’S DATABASE SYSTEM OR THE INFORMATION. USER ACKNOWLEDGES AND ACCEPTS THAT CCR’S DATABASE SYSTEM AND THE INFORMATION, OR THE USE THEREOF, MAY RESULT IN, CONTAIN OR CAUSE DEFECTS, INTERRUPTIONS, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, DAMAGE AND INJURY TO USER. USER (AND NOT CCR) SHALL BE RESPONSIBLE FOR ALL DAMAGES, INJURIES AND COSTS OF SERVICE, REPAIR, REPLACEMENT OR CORRECTION ARISING FROM CCR’S DATABASE SYSTEM OR THE INFORMATION, OR THE USE THEREOF.
Limitation of Liability – IN NO EVENT SHALL CCR BE LIABLE FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, COST OF REPAIR, SERVICE OR REPLACEMENT, ARISING OUT OF OR RELATED TO, IN WHOLE OR IN PART, CCR’S DATABASE SYSTEM OR THE INFORMATION, OR THE USE OF OR INABILITY TO USE ANY OF CCR’S DATABASE SYSTEM OR THE INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE CAUSED BY THE SOLE, COMPARATIVE OR CONTRIBUTORY NEGLIGENCE, STRICT LIABILITY OR OTHER FAULT OF CCR. THIS INCLUDES DAMAGES ARISING FROM USE OF OR IN RELIANCE ON THE DOCUMENTS OR INFORMATION PRESENT ON CCR’S DATABASE SYSTEM OR THE WEBSITE, EVEN IF CCR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SHALL RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS CCR AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES (THE “CCR PARTIES”) FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS, DEMANDS, SUITS, LIABILITIES, FINES, PENALTIES AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES AND EXPENSES) (COLLECTIVELY, “CLAIMS”) OF WHATEVER KIND, CHARACTER OR NATURE BROUGHT BY OR ON BEHALF OF ANY PERSON THAT ARISE OUT OF, ARE RELATED TO OR ARE IN CONNECTION WITH THIS AGREEMENT OR YOUR ACCESS OR USE OF CCR’S DATABASE SYSTEM OR INFORMATION, EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE JOINT, SOLE OR CONCURRENT NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, STRICT LIABILITY OR OTHER FAULT, WHETHER PASSIVE OR ACTIVE, OF ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO THE CCR PARTIES.
Severability – If any provision of this Agreement is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Linking – Some sites that are linked to CCR’s Database System are owned and operated by third parties. CCR can not ensure that user will be satisfied with their products, services or business practices. Access to any website linked to CCR’s Database System is not the responsibility of CCR. CCR is not responsible for the accuracy or reliability of any content on such websites. CCR provides these links merely for convenience, and the presence of such third-party links are not an endorsement or recommendation by CCR. Use of information from, and furnishing information to any linked sites is at user’s sole risk.
Jurisdiction – This Agreement shall be governed, interpreted and enforced in accordance with the laws of the State of Texas, USA.
Termination – CCR has the right to terminate any User’s access to the Website and the Database System at will and without cause or notice, for any reason or no reason.