SOURCE WATER WATCH
TERMS OF SERVICE

Updated March 27, 2015

Welcome to Source Water Watch! We are FracTest d/b/a Source Water Watch, a Texas limited liability company (“We”, “Us”, “FracTest”, or the “Company”) and we offer www.FracTest.com and www.Sourcewaterwatch.com (the “Site”) according to the Terms of Service (the “Terms” or “Terms of Service”) below, as well as our separate privacy policy (the “Privacy Policy”).

Your use of this Site and the information, content, and services available through the Site are subject to the following Terms of Service. We reserve the right to modify these terms without notice. Your continued usage of the Site constitutes your acceptance of these Terms. If you do not agree to any of these Terms, please do not continue use of the Site.

Purchase of a monthly access subscription is governed by the Source Water Watch Software Licensing Agreement. By purchasing a report or monthly access subscription, you agree to be bound by the Software Licensing Agreement in addition to these Terms.

If you have questions about the Terms of Service, please contact us at: info@fractest.com

General Terms

The Site is not intended for persons under 18. By using the Site, you are representing that you are at least 18 and are providing current and accurate information about yourself.

We may prohibit any user from using the Site in its sole discretion at any time for any reason, and We are not liable for any damage or loss resulting from such prohibition.

You are responsible for using the Site in a private and secure manner. The Company is not liable for any damage or loss due to unauthorized account access resulting from your actions.

You may not use the Site for any illegal activity or to violate laws in your jurisdiction.

You may not use the Site to distribute unsolicited email (“spam”) or malicious content such as viruses or worms.

You may not exploit the Site to access unauthorized information.

Any abuse or threatened abuse of other users of the Site or of Company personnel will result in immediate account termination.

The Company’s failure to enforce or exercise a right provided in these terms is not a waiver of that right.

Should any provision of these terms be found invalid or unenforceable, the remaining terms shall still apply.

These Terms constitute the entire agreement between you and the Company and supersedes any and all previous agreements, written or oral, between you and the Company, including previous versions of the Terms of Service.

Limitations of Use

FracTest’s Site and any Company information provided herein is available to you only for non-commercial uses to research fracking activities and groundwater reports in a specified area. Unless authorized by FracTest, you may not use information provided on this Site for any commercial use. The unauthorized resale of FracTest information is strictly prohibited.

You may not use FracTest’s Site for or in connection with offering any third party product or service not authorized or approved by FracTest.

FracTest is not liable for information that is inaccurate due to technical defects in software used on our Site.

If FracTest notifies you that the manner in which you are using the Site is prohibited or unauthorized, you may no longer use the Site for that particular purpose and must immediately cease and desist from such use.

Ownership of Company Information

Information concerning FracTest and its services, text, graphics, button icons, audio and video clips, digital downloads, data compilations, logos and information regarding the status of FracTest schedules, etc. is referred to as “Company Information.” FracTest owns all copyrights, trademarks, service marks, and trade names related to our Company Information. All Company Information is proprietary to FracTest.

Content Posted by Third Parties

We cannot control all content posted by third parties to the Service, and We do not guarantee the accuracy, integrity or quality of such content. You understand that by using the Service you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content. You understand that you must evaluate and bear all risks associated with the use of any content, including any reliance on the content, integrity, and accuracy of such content. To report urgent issues, please contact us at:       .

Your Privacy

Your privacy is important to us. Our Privacy Policy is incorporated in this Agreement and subject to these Term.

Consistent with the FracTest Privacy Policy, we may ask you to provide us with information when you use certain personalized services. You agree that when you provide such information, the information will be accurate. Under no circumstances will you provide false or misleading information. We agree to use this information in a manner consistent with our Privacy Policy.

IN NO EVENT SHALL FRACTEST, ITS AFFILIATED COMPANIES OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER FRACTEST WAS GIVEN ACTUAL OR CONSTRUTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

Links to Other Sites

The FracTest Site may have links to other websites which are not operated, controlled or maintained by FracTest. FracTest is not responsible for the content of such websites and cannot guarantee that such websites will not change without knowledge. The inclusion of such links on FracTest’s Site does not imply FracTest’s endorsement or approval of the linked sites or their content. If you navigate away from our web page by clicking on an unaffiliated website link, you do so at your own risk and you should be aware that our Terms of Service no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices of any site to which you navigate from our Site or relating to any applications you use or install from another site.

FracTest Warranties; Disclaimers

FracTest does not guarantee any information provided on this Site to be true. We assume no responsibility or liability for any content or information on this Site. The information on this Site is aggregated from a mixture of public and private data sources and is presented “as-is” and FracTest is not liable for any damages as a result from the use of the Site. FracTest also does not guarantee that the Site is error free.

FracTest hereby represents and warrants that use of the Site as contemplated herein will not infringe on the rights of any third parties or violate any applicable laws or regulations, including, without limitation copyright, trademark and patent laws.

UNLESS EXPRESSLY SET FORTH IN THIS AGREEMENT, FRACTEST MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. FRACTEST DOES NOT WARRANT THE RESULTS OF THE USE OF THE SERVICE, AND ACCOUNT HOLDER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO.

FracTest also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to use, of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

Limitation of Liability and Damages

WHEN PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM THIS AGREEMENT, EVEN IF SUCH PARTY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR THE IDEMNITY OBLIGATIONS SET FORTH HEREIN, IN NO EVENT WILL EITHER PARTY’S OR ITS AFFILIATES’ TOTAL LIABILITY TO THE OTHER PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY ACCOUNT HOLDER TO PRESALE PASSSWORD HEREUNDER.

Jurisdiction; Choice of Law and Forum

This Site is operated by FracTest in the United States and FracTest makes no warranty that the materials and content on the Site are appropriate or available for use outside the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for local laws, if and to the extent that local laws are applicable.

Any cause of action you may have hereunder or with respect to your use of the Site must be commenced by filing suit in Dallas County, Texas, within one (1) year after the incident upon which the claim or cause of action is based first occurred. By using the Site, you irrevocably consent that any cause of action you may submit in connection with your use of the Site or pursuant to these Terms will be filed in the state or federal courts in Dallas County, Texas, which you acknowledge, consent, and agree will be the exclusive forum and venue for any legal dispute between you and us. You also agree that any dispute between you and us will be governed by the laws of the State of Texas, without regard to conflict of laws principles.

Digital Millennium Copyright Act Notice

It is the policy of FracTest to respect the intellectual property of others. If you are alleging that material available on or through a FracTest website infringes upon your copyright, please submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”). The notice must include the following to be effective:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  1. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit FracTest to locate the material;
  1. Information reasonably sufficient to permit FracTest to contact you, such as an address, telephone number, and, if available, an email address;
  1. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
  1. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

In the event that FracTest removes material from a FracTest website (or access to the material is disabled) and you believe that such material is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, please submit a written counter notification pursuant to the DMCA. The counter notification must include the following to be effective:

  1. Your physical or electronic signature;
  1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  1. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
  1. Your name, address, telephone number, and, if available, an email address, and a statement that you consent to the jurisdiction of the U.S. District Court for the Eastern District of Virginia, Alexandria Division, and that you will accept service of process from the person who provided notification of the alleged infringement;

All written notices should be sent to the following: info@FracTest.com

About these Terms

We may modify these terms as necessary to reflect updates to the Site, www.FracTest.com, or changes in the law. We will post any such modifications to these terms on this page. If you do not agree with or accept the changes in the terms, you should discontinue your use of the Site.

These Terms create an agreement between us and you. They do not create any third-party beneficiary rights.

Waiver of any remedy for a breach of these Terms does not prevent us from taking action in the future.

The unenforceability of a single provision shall not affect the enforceability of the remainder of these Terms.

BY VISITING OR USING THIS SITE, OR ANY PAGE OF THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, AND YOU ACKNOWLEDGE THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND FRACTEST LLC. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THIS SITE.