COMPANY: Ranger Energy Services, LLC and Subsidiaries
ADDRESS: 10350 Richmond Avenue, Suite 550, Houston TX 77042
Effective Date: November 1, 2020
The Platform is owned or controlled by Ranger Energy Services, Inc. (“we,” “us,” or the “Company”) and is intended for and applicable only for individuals age 18 or older. If you are under 18 years of age, you may not use the Platform.
By accessing the Platform in any way (such as browsing or using the Platform and/or information contained on the Platform and/or submitting information through the Platform), you agree to and are bound by this Terms, including, but not limited to the following terms: (1) conducting this transaction electronically, (2) disclaimers of warranties, (3) damage and remedy exclusions and limitations, (4) binding arbitration, and (5) choice of Texas law. These Terms constitute a binding agreement between you and Company, and is accepted by you upon your use of the Platform or your account. These Terms constitute the entire agreement between you and Company regarding your use of the Platform. By using the Platform, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
From time to time we may update the Platform and these Terms. Your continued use of the Platform after we post any changes to these Terms constitutes your agreement to those changes. Such updates will not apply retroactively. You agree to review these Terms periodically to ensure that you are familiar with the most recent version.
We may, in our sole discretion and at any time and for any reason (including but not limited to your violation of these Terms or the law), discontinue the Platform or any part of the Platform, cancel your account and delete all data or other information associated with your account (including any materials you may submit to us), or we may prevent your use of the Platform, in any case with or without notice to you. We assume no liability for any information removed from the Platform and we reserve the right to permanently restrict access to the site or an account. You agree that you do not have any rights in the Platform and that we have no liability to you if the Platform is discontinued or if you are no longer able to access the Platform or any information that was previously made available to you on the Platform.
Binding Arbitration, Jury Waiver, Class Waiver, and Governing Law
The arbitrator(s) shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator(s) shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law.
If you initiate arbitration against Company, you will not be responsible for professional fees for the arbitrator(s)’s services or any other JAMS fees. If Company initiates arbitration against you, Company will pay for the arbitrator(s)’s services and any other JAMS fees associated with the arbitration.
If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Company shall be entitled to arbitrate their dispute.
In addition to the foregoing, and notwithstanding the rules of JAMS, certain procedures will apply depending on the amount in controversy. For controversies and claims in which the amount in controversy is less than $1,000,000.00 (one million dollars), the following procedures will apply:
- There will be one (1) arbitrator selected from the panel provided by JAMS, using the JAMS rules for arbitrator selection.
- The arbitration will occur within 90 days from the date on which the arbitrator is appointed and will last no more than five (5) business days.
- The arbitrator shall institute discovery consistent with the goals of arbitration. Discovery and disclosure of information will be conducted under the rules provided by JAMS to achieve the usual goals of arbitration, including cost effective and efficient resolution of disputes between you and the Company, but in no event shall you or the Company be entitled to discovery rights greater than provided by the Federal Rules of Civil Procedure.
For controversies and claims in which the amount in controversy is equal to or exceeds $1,000,000.00, the following procedures will apply:
- There will be three (3) arbitrators selected by the panel provided by JAMS, using the JAMS rules for arbitrator selection.
- You and the Company will be entitled to all discovery rights permitted by the Federal Rules of Civil Procedure.
- You and the Company will be entitled to appeal any arbitration award to an Appeal Panel under JAMS Optional Arbitration Appeal Procedures. You and the Company agree to and request oral argument for any appeal filed under the Optional Arbitration Appeal Procedures.
THE ARBITRATOR(S) HAVE NO AUTHORITY TO AWARD PUNITIVE DAMAGES. NEITHER YOU NOR COMPANY AGREES TO ANY ARBITRATION ON A CLASS BASIS, AND THE ARBITRATOR(S) SHALL HAVE NO AUTHORITY TO PROCEED ON SUCH A BASIS. YOU AND THE COMPANY MAY ASSERT A CLAIM OR COUNTERCLAIM ONLY IN SUCH PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE JAMS RULES, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS PROCEEDING. UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, ARBITRATOR(S) SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THE PLATFORM IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
Choice of Law and Venue
These Terms will be governed by and construed in accordance with the internal laws of Texas without regard to conflicts of laws principles. By using the Platform, you hereby agree that any action to enforce any arbitration award and any other disputes (if any) regarding these Terms that are not subject to arbitration will be subject to the courts located in Harris, Texas. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PLATFORM AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms operate to the fullest extent permissible by law.
Certain statements on the website may constitute forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities and Exchange Act of 1934, as amended. These forward-looking statements represent our expectations, plans or beliefs concerning future events and may be identified by terminology such as “anticipate,” “estimate,” “should,” “expect,” “believe,” “intend” and similar expressions. Certain factors could cause actual results to differ materially from such forward-looking statements, including, but not limited to, global, political, economic, business, competitive, market and regulatory risk factors. Information concerning these and other risk factors is contained in our reports filed from time to time with the Securities and Exchange Commission. Except as required by law, we assume no obligation to update these forward-looking statements, even if new information becomes available in the future.
Content on the Platform that is provided by Company or its licensors or other Platform users, including information, data, materials, graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“Content”) is the property of Company and its licensors and such other Platform users, respectively, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
Use of the Platform and Your Data
The following requirement applies to your use of the Platform: you will not use any electronic communication feature of the Platform for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful.
You may be able to use the Platform to submit information and certain other materials (“Your Data”). By using these features, you agree that you will not submit any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Company; that you will not submit any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Company, or misrepresent an affiliation with another person or organization; and you will not submit any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Platform, or feature of the Platform. You further understand and agree that you have no ownership rights in any account you may have with us or other access to the Platform or features therein. Company may cancel your account and delete all Your Data associated with your account at any time, and without notice, if Company deems that you have violated these Terms, the law, or for any other reason. Company assumes no liability for any information, including Your Data, removed from the Platform, and reserves the right to permanently restrict access to the Platform or a user account.
If you make or submit any suggestions, comments, ideas, improvements or other feedback to us (collectively, “Feedback”), such Feedback will not be confidential or proprietary and Company shall be free to use, implement and commercially exploit such Feedback.
By collecting, displaying, publishing, or otherwise submitting Your Data on or through the Platform or providing any Feedback, you hereby grant to Company a non-exclusive, perpetual, irrevocable, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, create derivative works of, publicly display, publicly perform, reproduce, distribute and otherwise commercially exploit Your Data and Feedback in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag Your Data, as well as the right to sublicense Your Data to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, or in video or other computer programs. You continue to retain all ownership rights in Your Data, and you continue to have the right to use Your Data in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Platform and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
Without limiting the foregoing license, you hereby irrevocably waive any and all rights of privacy and publicity, and any other rights of a similar nature in connection with the commercial exploitation of all or any portion of Your Data and Feedback, consistent with these Terms. To the extent included in Your Data or Feedback, you hereby consent to the use of your name and any other names, trade names, fictitious names, trademarks and service marks, likenesses, performances, voices and identities (and/or that of any minor who you are responsible for) for any and all purposes in connection with our exercise of the license rights granted herein. You waive any right to inspect and/or approve any such use of Your Data or Feedback. You expressly release and hold harmless Company and its affiliates and its and their officers, agents, employees, customers, users, licensors, suppliers, and partners from any and all claims, demands and liabilities by reason of their exercise of such license rights. Company may alter, modify or combine all or any portion of the Your Data or Feedback with other works, and you hereby waive any claim that any version of Your Data or Feedback portrayed consistent with these Terms constitutes a distortion, mutilation or disparagement or contains unauthorized variations of Your Data or Feedback. You shall not have the right to approve or enjoin the use of Your Data or Feedback in accordance with these Terms. Nothing herein obligates Company to make any use of Your Data or Feedback.
You agree to indemnify and hold Company, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms or any violations thereof by your dependents or which arises from the use of Your Data or Feedback you submitted, posted, or otherwise provided to Company or this Platform.
We do not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any such information.
You understand that certain offers, services and features that may be available on the Platform may be subject to additional specific terms and conditions. In the event of any conflict between these Terms and any such specific terms and conditions, the specific terms and conditions will control.
Disclaimer of Responsibility and Limitation of Our Liability
We make no representations or warranties about the Platform (or any Platform feature) or the Content, and we disclaim all liability in the event of any service failure. You acknowledge that any reliance on any of the foregoing will be at your own risk. We make no representations or warranties regarding the amount of time that any Content or your account information will be preserved.
THE PLATFORM IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE PLATFORM OR ANY INFORMATION OR SOFTWARE THEREIN AND WE EXPRESSLY DISCLAIM ANY AND ALL SUCH WARRANTIES. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THE PLATFORM, NOR SHALL WE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE PLATFORM’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL WE BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL OUR TOTAL AGGREGATE LIABILITY TO YOU EXCEED $100.
THE WARRANTY DISCLAIMERS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU AND SHALL APPLY EVEN IF FOUND TO FAIL OF THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF OUR NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
If we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Both you and Company acknowledge and agree that no partnership is formed and neither you nor the Company has the power or the authority to obligate or bind the other.
The failure of the Company to comply with these Terms because of an element of nature or act of God, act of war, fire, flood, earthquake, riot, terrorism, civil disorder, rebellion, revolution, widespread computer virus or worm, pandemic, action of federal, state or local governmental authorities, or for any other reason beyond the reasonable control of Company, shall not be deemed a breach of these Terms.
COMPANY: Ranger Energy Services, LLC and Subsidiaries
ADDRESS: 10350 Richmond Avenue, Suite 550, Houston TX 77042
Effective Date: November 1, 2020
TYPES OF INFORMATION WE COLLECT
We collect information from you and about you. Here are some examples of the information we may collect:
- Contact Information. For example, we may collect your name, address, telephone number and email address. We may also collect your mobile phone number.
- Employment Information. For example, this may include the name and address of your employer. It may also include the field in which you work and any information contained on your resume or curriculum vitae.
- Information You Submit. We may collect information when you send us a message through the “Contact Us” page or similar features on our Platform.
Demographic Information. We may collect demographic information such as your occupation and country of residence.
- Account Information. We may collect information from you in relation to your account on the Platform, including a username and password.
- Social Media Information. We may collect information you post on our social media pages. We may also collect your social media profile information and information posted on your page.
- Device Information. For example, we may collect the type of device you use to access our Platform. We may also collect your device identifier, IP address or mobile operating system.
- Commercial Information. We may collect personal information that could identify you and relates to the services in which you are interested, or your preferences on the Platform.
- Usage Information. We may collect information regarding how you use the Platform. For example, we may collect information regarding what Platform features are useful or most frequently used.
- Technical Information. If you use our website, we may collect information about the browser you are using. We might look at what site you came from, or what site you visit when you leave us.
HOW WE COLLECT YOUR INFORMATION
We collect your information in different ways. Below are some examples of how we may collect your information.
Directly From You. For example, when you:
- Sign up for email alerts.
- Submit information to us.
- Create an account.
- Apply for a job with us.
- Contact our sales or support team.
- Interact with our social media pages.
- Apply for a job through our Platform.
- Otherwise interact with us.
Passively. For example, when you visit and navigate our Platform on any device. We may also collect information about users over time and across different websites and devices when you use the Platform.
From Third-Parties. We may receive information about you from other sources. For example, this may include receiving information from our business partners, including online advertising networks and analytics vendors or social media sites, including Facebook, Instagram, Twitter, and LinkedIn.
By Combining Information. For example, we may:
- Combine information that we collect offline with information we collect through our Platform.
- Combine information we collect about you from the different devices you use to access our Platform.
- Combine information we get from third-parties with information we already have about you.
HOW WE USE YOUR INFORMATION
We process your personal information for the following purposes:
- To Provide Our Services. This includes fulfilling your requests for our services and information about our business.
- To Evaluate Your Eligibility. For example, if you apply for a job with us, we may use your information to evaluation your eligibility for the position.
- To Customize Your Experience With Us. This may include tailoring the Platform, including your account on the Platform, to your preferences.
- To Run and Improve Our Platform and Business. We may use your information to make our Platform and business better. We may also use your information to provide you with information about our business.
- To Provide Customer Support. This includes responding to customer service and support requests. This may also include responding to your questions or feedback.
- To Communicate With You. We may communicate with you about our relationship. We may also contact you about this Policy or our Platform terms and conditions.
- For Marketing Purposes. We may provide you with information about our company and our business initiatives. This includes using your information to personalize your experience on our Platform and with our products. We may also engage in online behavioral advertising and retargeting. For more information about your choices related to these communications, see the Choices Regarding Your Information section below.
- For Administrative Purposes. This includes using your information for accounting, record keeping, backup, and administrative purposes.
- For Security Purposes. This could include protecting our company and consumers who use our products and services. It may also include protecting our Platform.
- As Otherwise Permitted By Law or As We May Notify You.
HOW WE SHARE YOUR INFORMATION
We may share your information in the following ways:
- Internally. We may share your information with our parent, subsidiary, and affiliate entities.
- With Our Service Providers. We may share your information with third-parties who perform services on our behalf. For example, this may include companies that send emails on our behalf or help us run our Platform.
- With Our Business Partners. For example, this may include advertisers, media buying agencies, advertising networks and advertising service providers.
- With Any Successors to All or Part of Our Business. For example, if we merge with, acquire or are acquired, or sell part of our business to another entity. This may include an asset sale, corporate reorganization or other change of control.
- To Comply With the Law or To Protect Ourselves. For example, this could include responding to a court order or subpoena. It could also include sharing information if a government agency or investigatory body requests. We might share information when we are investigating a potential fraud.
- Where You Have Asked Us to Share Your Information With a Third-Party.
- For Other Reasons We May Describe to You.
CHILDREN UNDER 18
The Platform where this Policy is located are meant for adults. We do not knowingly collect personal information from persons under the age of 18, and we strive to comply with the provisions of the Children’s Online Privacy Protection Act (COPPA). If you are a parent or legal guardian and think your child has provided us with information, please send us a message at firstname.lastname@example.org You can also write to us at the address listed at the end of this Policy. Please mark your inquiries “COPPA Information Request.” Parents, you can learn more about how to protect children’s privacy on-line here.
CHOICES REGARDING YOUR INFORMATION
You have certain choices about how we use your information. Certain choices you make are browser and device specific.
You can opt out of receiving our marketing communications by using the unsubscribe link within each email or by logging into your account here. Note that you will continue to receive transactional messages from us regarding our relationship with you.
Cookies & Other Tracking Technologies:
- Cookies: You can adjust your browser to control cookies to require your affirmative acceptance for new cookies, automatically reject cookies and/or delete or disable existing cookies. How you do this depends on the type of cookie and the browser that you are using. For more information on how to control browser cookies, click here. If information about your browser is not available through this page, please search your browser for instructions about how to opt-out of cookie collection.
- Flash Cookies: You may need to take an additional action to manage flash cookies, which you can learn more about here. Why? Because flash cookies cannot be controlled through your browser settings.
- Google Analytics: We may use Google Analytics on our Platform to help us understand how you use our Platform. You can learn about how to opt-out of Google Analytics here.
- Email Tools: You can also change your email settings to block the automatic download of images in email messages, as such images may contain technologies that help us understand how you interact with the message.
- Online Behavioral Advertising: You can submit an opt-out request to the Digital Advertising Alliance’s (DAA) Self-Regulatory Program for Online Behavioral Advertising program (click here) and/or the National Advertising Initiative (NAI) (click here). These are tools that provide individuals with the ability to opt-out of having their online behavior recorded and used for advertising purposes by participating companies. Note that these tools may not opt you out of non-cookie online advertising.
- Our Do Not Track Policy: Some browsers have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. We do not currently respond to those signals. If you block cookies, certain features on our sites may not work. If you block or reject cookies, not all of the tracking described here will stop.
- Note that deleting or blocking cookies may impact your experience on our website, as some features may not be available. Certain options you select are browser and device specific.
We take appropriate steps to preserve the security of your personal information, including preventing them from being distorted, damaged or disclosed to unauthorized third-parties. We use reasonable means to safeguard personal information under our control.
However, the Internet is not 100% secure. We cannot promise that your use of our Platform will be completely safe. We encourage you to use caution when using the Internet. A username and a password are needed to access certain areas of our Platform. Consequently, it is your responsibility to protect your username and password.
STORAGE AND TRANSFER OF INFORMATION
Information we maintain may be stored in or outside of the United States. If you live outside of the United States, you understand and agree that we may transfer your personal information to the United States. This Platform is intended for use in the United States and is subject to the laws of the United States, which may not provide the same level of protections as those in your own country. By using this Platform, you consent to the transfer of your information in this manner.
Our Platform may contain links to other third-party sites that are not governed by this Policy. If you click on a link to a third-party site, you will be taken to a site we do not control. We are not responsible for the privacy practices used by third-party sites. We suggest that you read the privacy policies of those sites carefully.
HOW TO CONTACT US
If you have any questions, comments or concerns with respect to our privacy practices or this Policy, or wish to update your information, please feel free to send us a message at email@example.com or via telephone at (713) 935-8900. You may also write to us at the following address:
Ranger Energy Services – Corporate Headquarters
10350 Richmond Avenue, Suite 550, Houston, TX 77042
CHANGES IN POLICY
From time to time, we may change our Policy. We will notify you of any material changes to our Policy as required by law. We will also post an updated copy on our Platform. Please check our Platform periodically for updates.
© Ranger Energy Services 2020.