COMPANY: Ranger Energy Services, LLC and Affiliates
ADDRESS: 10350 Richmond Avenue, Suite 550, Houston TX 77042
Effective Date: March 10, 2022
- 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 these Terms, including, but not limited to the following terms: (1) conducting transactions 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 are 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 Platform or any 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
- Arbitration will be administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”) in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS
- (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352- 5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In accordance with the JAMS rules, if you initiate arbitration against Company, you will be responsible for your professional fees, for the arbitrator(s)’s services or any other JAMS fees associated with the arbitration. 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.
- 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 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.
- 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 together with any documents issued by the Company and available through 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 or beliefs concerning future events and may be identified by terminology such as “anticipate,” “estimate,” “should,” “expect,” “believe,” “intend” and similar expressions. It is possible that the results described on the website will not be achieved. These forward-looking statements are subject to risks, uncertainties and other factors, many of which are outside of Company’s control that could cause actual results to differ materially from the results discussed in the forward-looking statements.
Any forward-looking statement speaks only as of the date on which it is made, and, except as required by law, Company does not undertake any obligation to update or revise any forward-looking statement, whether as a result of new information, future events or otherwise. New factors emerge from time to time, and it is not possible for Company to predict all such factors. When considering these forward-looking statements, you should keep in mind the risk factors and other cautionary statements in our filings with the Securities and Exchange Commission. The risk factors and other factors noted in Company’s filings with the SEC could cause its actual results to differ materially from those contained in any forward-looking statement
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 any 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 any 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 your or 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 for whom you are responsible) 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.
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 Company has the power or the authority to obligate or bind the other.
The failure of 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.
© Ranger Energy Services 2022.