Website Terms & Conditions
Welcome to the Chromatic Industries, LLC website (this or the “Website”). By accessing, browsing or using the Website, you are agreeing to comply with and be bound by the following Terms of Use (the “Terms”) and all terms and conditions incorporated by reference. Please review these Terms carefully before using the Website and information provided by Chromatic, its subsidiaries and affiliates (hereinafter, “Chromatic”). IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THE WEBSITE.
Chromatic may, without notice to you, at any time, amend these Terms and any other information contained on this Website. The latest Terms will be posted on this Website, and you should review the Terms prior to using the Website. Your continued use of the Website after any changes to these Terms are posted will be considered acceptance of those changes.
Scope Of Terms
These Terms apply to the Website. These Terms also apply to any and all online resources, materials, and tools provided on the Website, both now and in the future.
Ownership of Content
In using the Website or the Content (as defined below), you acknowledge and agree to abide by all applicable Intellectual Property Laws (as defined below), as well as any specific notices contained on the Website. The Website; its past, present and future versions; all pages found within the Website; the material and information on the Website; all graphics, text, images, audio, videos, webinars, designs, compilations, copies, articles, user interfaces, artwork, any computer applications, any and all copyrightable material (including source and object code) and all other materials, including without limitations the design, structure, “look and feel” and arrangement of such content contained on the Website are herein called the “Content.” All trade names, trademarks, service marks, logos, domain names and other distinctive brand elements, whether registered or not are owned, controlled or licensed by or to Chromatic, and are protected by intellectual property laws, including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and other proprietary rights and unfair competition laws (the “Intellectual Property Laws”). All rights not expressly granted are reserved.
The Website and the Content may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, resold, or otherwise distributed in any way, without Chromatic’s express prior written authorization. You are granted permission to display on your computer, print and download the Content on this Website solely for your own personal, non-commercial and educational use. Unauthorized use of the Website or the Content contained on or available through the Website or any linked websites may violate applicable Intellectual Property laws or other laws.
Copyright Infringement Complaints. You may not use the Website or Content for any purpose or in any manner that infringes the rights of any third parties. Chromatic encourages you to report any content on the Website that you believe infringes your copyright. If you would like to submit a Copyright Infringement Complaint, please contact us via email.
Trademarks
The trademarks, service marks, logos, slogans and domain names (“Marks”) referenced on the Website are either common-law service marks, trademarks or registered service marks or trademarks of Chromatic or its subsidiaries and are protected by trademark laws in the U.S. Other names of actual companies and products mentioned on the Website may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement or association with Chromatic. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any Marks displayed on the Website. You are not permitted to use any Marks displayed on the Website, metatags or any other “hidden text” utilizing Marks of Chromatic and its licensors, without prior written permission of Chromatic or such third party who may own such Mark.
Your use of the Website
Privacy Policy. Chromatic’s privacy policy, as it may change from time to time, applies to the collection and use of personal data and is made a part of these Terms by this reference. The privacy policy is available on the Website that features these Terms.
Other Terms & Conditions
Purchases. Specific terms and conditions apply to your purchase or sale of products or services with Chromatic. Chromatic’s obligations with regards to its products or services are governed solely by such specific terms and conditions as required by Chromatic and nothing contained on this Website or in these Terms shall be construed to alter the products or services’ specific terms and conditions. The materials on the Website with respect to Chromatic or its products or services may be outdated from time to time, and Chromatic makes no commitment to update such materials.
Linking to Chromatic Website
Linking directly to or from any other webpage or content within the Website is prohibited without Chromatic’s prior written permission.
Links to Third Party Websites
The Website may contain links and references to non-Chromatic websites and resources (“Linked Websites”) and are provided for convenience only. If you decide to leave the Website and access Linked Websites, you do so at your own risk and Chromatic will have no liability arising out of or related to such Linked Websites and/or their content or any damages or loss caused or alleged to be caused by or in connection of any purchase or use of any such content, goods or services available on or through any such Linked Websites. Chromatic has not reviewed the Linked Websites and we are not responsible for the content, accuracy or opinions expressed on these websites. Inclusion of these links on the Website does not imply approval or endorsement by Chromatic of the Linked Websites, their entities or products and services. Please understand that the Linked Websites, even if they contain Chromatic’s logo, are independent websites, and Chromatic does not control the content on any Linked Websites. Additionally, Chromatic is not a party to or responsible for any transaction you may enter into with any such third party, even if you learn of such third party from Chromatic, by way of reference or link provided on the Website.
Forward-Looking Statements
All statements on the Website, including any presentations, other than statements of historical fact, are statements that could be deemed forward-looking statements, including, but not limited to, those concerning, among other things, planned capital expenditures, increases in oil and gas production, the number of anticipated wells to be drilled or completed after the date of such statements, future cash flows and borrowings, pursuit of potential acquisition opportunities and our financial position, business strategy and other plans and objectives of management. These forward-looking statements may be identified by their use of terms and phrases such as “may,” “expect,” “estimate,” “project,” “plan,” “believe,” “intend,” “achievable,” “anticipate,” “will,” “continue,” “potential,” “should,” “could,” and similar terms and phrases. These statements are based upon a number of assumptions and estimates that are subject to significant uncertainties that involve risks, many of which are beyond our control and are not guarantees of future performance. Actual results or developments may differ materially from the projections in the forward-looking statements. These forward-looking statements are based on management’s current expectations and assumptions about future events and are based on currently available information as to the outcome and timing of future events. We do not undertake any obligation to release the result of any revisions to these forward-looking statements to reflect events or circumstances after the date of any statement or presentation to reflect the occurrence of unanticipated events. All forward-looking statements attributable to us or persons acting on our behalf are expressly qualified in their entirety by this cautionary statement. This cautionary statement should also be considered in connection with any subsequent written or oral forward-looking statements that we or persons acting on our behalf may issue. Except as required by applicable law, Chromatic assumes no duty to update these forward-looking statements, whether as a result of new information, subsequent events or circumstances, changes in expectations or otherwise, or to update the reasons actual results could differ materially from those anticipated in these forward-looking statements, even if new information becomes available in the future.
Disclaimer of Warranties
Your use of and access to the Website and Content posted by Chromatic is at your sole risk. The Website and Content are provided for informational purposes only on an “AS IS” and “AS AVAILABLE” basis without any express or implied warranty of any kind, including warranties of merchantability, non-infringement, or fitness for any particular purpose. Chromatic makes no representations, warranties or guarantees as to the quality, suitability, truth, accuracy or completeness of the Content. Chromatic further makes no representations, warranties or guarantees the quality and reliability of any information obtained from the Website and/or Content. You assume all risk and responsibility for any loss or damage whatsoever to your business arising out of your use of the Website and/or Content.
Limitation of Liability
You expressly understand and agree that Chromatic SHALL NOT BE LIABLE to you for:
- any loss or damage which you may incur, including without limitation as a result of any reliance placed by you on the accuracy, completeness or suitability of the Content, or any changes Chromatic may make to the Website and Content, or any temporary interruption or permanent cessation in the provision of the Content, or, if applicable, your failure to safeguard your account details or passwords.
- to the full extent permitted by law, any direct, indirect, special, incidental, consequential, punitive or exemplary damages arising out of or in connection with your use of or related to the Website and Content (including without limitation, for loss of or damage to business, revenues, goodwill, data or property) even if Chromatic had previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract, negligence or other tortuous action.
Since some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, portions of the above limitation or exclusion may not apply to you.
Indemnification
You agree to indemnify and hold Chromatic, its subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representatives harmless from any claims and demands, including reasonable attorneys’ fees, made by any third party arising from or relating to: (i) your use of and access to the Website and Content; or (ii) your violation of these Terms. This indemnification obligation will survive the termination of these Terms.
General
The Terms constitute the entire agreement between you and Chromatic relating to your use of and accessing to the Website and Content. Texas law and U.S. federal law shall govern any action related to the Terms and your use of the Content, without regard to the choice of law rules. In any dispute between you and Chromatic, you agree to submit to the personal and exclusive jurisdiction of the courts located in Houston, Harris County, Texas, United States.
Issued: February 2020.
