PETROSIGHT TERMS OF USE
Thank you for visiting petrosight.ca (hereinafter ‘Petrosight’ or ‘website’) operated by Petrosight Inc. and its subsidiaries. By accessing and using this and all supporting websites you agree to be bound by the following terms of use. (hereinafter 'Terms of Use') and all terms and conditions referenced herein or any additional terms and conditions set forth on this website and all such terms shall be deemed accepted by you. If you enter into this agreement on behalf of an organization you represent that you have the authority to bind the organization to these terms and conditions.
If you disagree with any of these terms of use, you should not use this website. If you do not agree to any additional terms which apply to particular materials, content, products, services or information contained in or available through this website (including but not limited to software, audio, video, text and photographs, domain names, tagline, lay-out and user look-and-feel of this website) (the 'Materials') or transactions concluded through this website (such as the purchase of Petrosight Inc. or subsidiary company products and services), you should not use the part of the website which contains such Materials or through which transactions may be concluded and you should not use such Materials or conclude such transactions.
These Terms of Use may be amended by Petrosight Inc. at any time. The amended Terms of Use are effective as of the date of posting on this website. Please check this webpage regularly. Additional terms and conditions may apply to specific materials or transactions concluded through this website and you may be requested to explicitly accept such terms and conditions. Such terms may be in addition to these Terms of Use or, to the extent they are inconsistent with the content or intent of these Terms of Use, such terms will supersede these Terms of Use.
Petrosight Inc. is a Private Canadian Corporation with offices at 605 5th Avenue SW, Suite 1930, Calgary, AB T2P3H5 Canada ("Petrosight Inc." or "we") the developer and maintaining of the product Petrosight with all rights and privileges granted.
Petrosight USA Inc. is a fully owned Private Delaware Corporation with offices at 600 17th Street, Suite 2800 South, Denver, CO 80202 USA ("Petrosight USA Inc." or "subsidiary") with rights and privileges to operate on Petrosight Inc's behalf in the United States of America.
1. Proprietary Information
The content, trademarks, service marks and logos on this site is protected under Canadian copyright, patent and trade-mark laws and other laws of Canada. With the exception of customer data, site content is the exclusive property of Petrosight Inc. Any use of the content, including without limitation to distribution, reproduction, modification, display or transmission without the prior written consent of Petrosight Inc. is prohibited. All copyright and other proprietary notices of Petrosight Inc, its subsidiaries, or its licensors shall be retained on all reproductions.
2. Ownership of Data
Customers who have paid subscriptions to the website shall maintain ownership of the data collected and stored by them or by a third party on their behalf. Any third party’s right to store or use data on your behalf will be pursuant to the terms set forth by you. You will be responsible to manage third party rights for storage and usage of your data.
3. Confidentiality of Data
Petrosight Inc. and subsidiary companies will use all commercially reasonable efforts to treat customer data as strictly confidential and will not use this data except as expressly authorized by the customer who owns the data in question.
As a customer you agree not to view, attempt to view or use data of another customer unless you are expressly authorized to use the data in question.
4. Restrictions On Use
Petrosight may be used to manage your oil gas or related operations. You may not use this site for any other commercial purposes without Petrosight Inc’s or subsidiary companies express prior written consent.
5. Pricing
As defined in the current Petrosight Price Schedule, you will be charged a standard per report fee for using Petrosight as well as additional annual administration fee. The annual administration fee and the report fee will depend on services selected in the price schedule. Petrosight Inc. or subsidiary companies reserves the right to change prices at any time without notice, however Petrosight Inc. will endeavour to give one (1) months notice whenever possible.
6. Terms of Payment
Payment terms will be net 30 days on monthly invoice unless special payment schedule has been agreed in writing. Payments may be made by cheque, cash, Mastercard™, Visa™, or American Express™ credit and charge cards. Petrosight accounts can be cancelled at any time with or without cause. Customer will remain liable for all charges up to the point service termination. All fees are exclusive of taxes, levies or duties and you shall be responsible for such taxes, levies or duties by relevant authorities. Petrosight Inc. or subsidiary companies reserve the right to charge interest on overdue accounts at the maximum rate allowed by law. Petrosight Inc. or subsidiary companies also reserves the right to deny your access to Petrosight services pending payment of overdue accounts.
7. Marketing
You agree that while this Agreement is in effect and you hold an active account in good standing, Petrosight Inc. shall be authorized to identify you as a customer/end-user of Petrosight services (as applicable) in public relations and marketing materials. You can request in writing at any time that any reference to you in Petrosight public relations or marketing materials be removed and Petrosight Inc. will comply in due course within a reasonable period of time. All customer trademarks used on Petrosight marketing and public relations materials are the sole property of the customer and use is subject to customer terms and conditions as notified by customer.
8. Accuracy and Availability of Data and Services
Petrosight Inc. recognizes the importance of maintaining accurate and complete data for you, as well as ensuring uninterrupted access to this data. We will attempt to ensure your data on petrosight.ca is as accurate and up to date as possible and use commercially reasonable efforts to ensure outages are as limited in frequency and duration as practicable in the circumstances.
Petrosight Inc. does not however warrant that the information is or will be complete or error free and available on a continuous basis. You acknowledge and accept all risks relating to inaccurate data and service outages and must bear risks associated with reliance on the accuracy and availability such data and services. You agree to hold Petrosight harmless and blameless by you and free of any and all liabilities that may occur as a result of any use or application of the information provided by Petrosight in connection with your use of the Services.
Petrosight Inc. will use commercially reasonable efforts to ensure storage of your data for a maximum of 10 years, although no guarantees can be made in this regard.
9. User Account Management and Security
You are responsible to manage user access to your data and for the security of your usernames and passwords. Petrosight Inc. nor subsidiary companies will not be liable for any loss or damage to your data from your failure to comply with this security obligation. Petrosight Inc. can offer to assist you in managing user access if requested. If assisting you with user access Petrosight Inc/ cannot warrant that it has up to date knowledge of your policies and employee or contractor status and therefore does not guarantee or warrant accuracy or correctness in the performance of such services.
Usernames and passwords used for Petrosight are for individual use only. A single login shared by multiple people is not permitted. You can have an unlimited number of users registered under your organization however user accounts are limited to those who work directly for your organization or on your behalf. Registering accounts for others so as to grant them access to Petrosight for their own use or to manage their own operations would be a violation of these terms. Inviting contractors and outside personnel to work on your behalf is permitted and supported through an invitation process managed from within Petrosight by the account holder.
10. Use of Site
You agree to use the website for lawful purposes only. You agree not to take any action that might compromise the security of the website, render the website inaccessible to others or otherwise damage the website, content or data. You agree not to add to, subtract from or otherwise modify the content, or attempt to access any data that is not intended for you. You agree not to use the website in any manner that might interfere with the rights of third parties.
If you make or post comments, submit questions, information and content regarding the site or otherwise, this content shall not be offensive, defamatory or unlawful, or infringe on any patents, copyrights or trademarks or confidentiality agreements of Petrosight Inc., its subsidiaries, its partners, customers, or other entities.
Any breach of the above conditions will result in immediate termination of your use of Petrosight and appropriate referral to relevant law enforcement authorities.
11. Disclaimer of Warranties/Limitation of Liability
Petrosight Inc. and subsidiary companies will take appropriate steps and make best effort to ensure but does not guarantee or warrant that content or data downloaded from this site will be accurate or free of viruses or other code that may have destructive properties. You are responsible for implementing sufficient procedures to ensure accuracy of data input and output, and monitoring for malicious code. You will be responsible for any damage to your computer systems or loss of data that results from the downloading of such code or data.
In no event shall Petrosight Inc., its directors, officers, shareholders, employees, Third Party Providers, agents or advisors be liable to you any failure of performance of the website, damage of property or third party claims, including for consequential damages or lost profits.
12. Indemnity
You agree to defend, indemnify and hold Petrosight Inc. and subsidiary companies harmless against any claims or proceedings resulting from your use or misuse of Petrosight, its content, data or services.
13. Violations
Please report any violations of these Terms of Use to Petrosight at abuse@petrosight.ca.
14. Applicable Law
When agreements are established with Petrosight Inc. or when not defined these Terms of Use shall be governed under the laws of the Province of Alberta and the federal laws applicable therein without giving effect to any principles of conflicts of laws, and you hereby attorn to the Courts of the Province of Alberta and agree that any proceedings will be brought in the Courts of Alberta.
When agreements are established with Petrosight USA Inc. these Terms of Use shall be governed by the laws of the State of Delaware, without regard for the conflict of laws principles thereof. You agree that in the event a dispute arises concerning your access or use of Petrosight, or any other program or service offered by Petrosight USA Inc, that such dispute shall be resolved exclusively through an arbitration process. Unless the parties specifically agree otherwise in writing, such arbitration shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Further, you agree that any such arbitration shall be settled on an individual basis, and unless the parties agree otherwise in writing shall not be consolidated in any arbitration or suit with any claim or controversy of another party. You agree that all arbitration proceedings will be conducted in Denver, CO. You further agree that any interim or preliminary relief sought shall be brought exclusively in a court of competent jurisdiction in Denver, CO.
15. Privacy Policy
By agreeing to these Terms of Use, you agree that certain information about you is subject to Petrosight’s Privacy Policy.