Site Terms & Privacy Disclosure
TERMS OF USE
Welcome to www.ftsi.com (the "Site"). The Site is operated by FTS International Services, LLC ("FTSI"). Please read these Terms of Use ("Terms") carefully before using this Site. By using this Site, you agree to be bound by these Terms. These Terms apply exclusively to your access to, and use of, this Site and do not alter in any way the terms and conditions of any other agreement you may have or enter into with FTSI for products, services or otherwise.
INTELLECTUAL PROPERTY RIGHTS
All materials contained on this Site, including text, images, logos and or other material, and all intellectual property rights thereto, including copyrights, trademarks, service marks, trade names and trade dress, are, unless otherwise noted, owned by FTSI or its affiliates. Except as specifically noted herein, no right or license is granted to you under any copyright, patent, trademark or other intellectual property law. From time to time, FTSI may make fair use in this Site of trademarks owned and used by third parties. When used, such marks are clearly noted and FTSI makes no claim to ownership of those marks. You agree not to copy, reproduce, republish, transmit, modify or distribute any of the content contained on this Site, except for your personal, noncommercial use, without obtaining the prior written consent of FTSI. These rights are valid and protected in all forms, media and technologies existing now or hereafter developed. You are prohibited from using this Site to infringe on any person's copyright, trademark, trade secret, patent or other intellectual property rights.
CONTENT DISCLAIMER
YOUR USE OF THIS SITE AND ITS CONTENT IS AT YOUR SOLE RISK. THE CONTENT ON THIS SITE IS PROVIDED 'AS IS' AND 'AS AVAILABLE'. WE DO NOT REPRESENT THAT THE CONTENT WILL BE RELIABLE, SECURE, UNINTERRUPTED, ERROR FREE, TIMELY, FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, OR THAT DEFECTS WILL BE CORRECTED. NEITHER FTSI NOR ANY OF ITS AFFILIATES, PARTNERS OR EMPLOYEES, MAKES ANY REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO THE TIMELINESS, ACCURACY OR COMPLETENESS OF ANY OF THE CONTENT OF THIS SITE, AND EXPRESSLY DISCLAIMS ANY LIABILITY OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. FTSI EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACTION OR FAILURE TO TAKE ACTION, IN RELIANCE ON ANY OF THE CONTENT OF THIS SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH ANY OF THE CONTENT IS TO REFRAIN FROM USING THIS SITE.
LINKS TO OTHER WEBSITES
This Site may include links to other Internet sites that are beyond the control of FTSI. FTSI is not responsible for the content of any such sites, makes no representations regarding such sites, cannot guarantee their practices regarding data privacy, and does not necessarily endorse or approve of the information, material, products and services offered by such sites. You acknowledge and agree that your linking to other sites, your use of such sites, and your use of any information, material, products and services offered by such sites, are solely at your own risk.
USE OF SITE
Your use of this Site must always comply with applicable law. In particular, but without limitation, you agree not to use this Site to:
- Impersonate, falsely state or otherwise misrepresent your affiliation with any person or entity;
- Post, email, upload or otherwise transmit any content that is unlawful, threatening, abusive, harmful, defamatory, vulgar, obscene, libelous, hateful, invasive of another's privacy, or racially, ethnically or otherwise objectionable;
- Email, upload, post or otherwise transmit any material that contains software viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment.
- FTSI makes no representation regarding accessing the materials on this Site from jurisdictions where their content are illegal or prohibited. Users who choose to access this Site from other jurisdictions do so at their own risk and are responsible for compliance with local laws and regulations. FTSI may terminate your access to this Site at any time and for any or no reason.
SUBMISSIONS
FTSI has the right to use, without any payment or accounting to you or others, any concepts, ideas, plans, creative materials, or other information which you (and those on your behalf) transmit to or through this Site, unless otherwise agreed in writing by you and FTSI.
CHILDREN'S PRIVACY
This Site is not directed at children under the age of 13 and does not knowingly collect personal information from children under the age of 13. If FTSI obtains actual knowledge that it has obtained personal information about a child under the age of 13, that information will be immediately and permanently deleted from our records.
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL FTSI BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FTSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS FTSI, ITS OWNERS, PARTNERS, AFFILIATES, AGENTS AND EMPLOYEES, AND THEIR RESPECTIVE OWNERS, SHAREHOLDERS, UNITHOLDERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF FTSI, ITS OWNERS, PARTNERS, AFFILIATES, AGENTS AND EMPLOYEES, AND THEIR RESPECTIVE OWNERS, SHAREHOLDERS, UNITHOLDERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, ARISING FROM OR RELATED TO YOUR USE OF THIS SITE, THE MATERIAL IT CONTAINS, ANY SITES LINKED TO THIS SITE, OR YOUR VIOLATION OF ANY LAW, RULE OR REGULATION.
SHOULD THE ABOVE PROVISIONS BE HELD UNENFORCEABLE FOR ANY REASON, IN WHOLE OR IN PART, THE TERMS SHALL BE MODIFIED TO THE EXTENT REQUIRED TO MAKE IT ENFORCEABLE, OR, IF NECESSARY, THE TERMS SHALL BE DEEMED TO BE AMENDED TO DELETE THE UNENFORCEABLE PART OR PROVISION, AND THE REMAINDER SHALL HAVE THE SAME FORCE AND EFFECT AS IF SUCH PART OR PROVISION HAD NEVER BEEN INCLUDED HEREIN. ALL OTHER TERMS AND CONDITIONS WILL REMAIN IN EFFECT IN THE EVENT ANY PROVISION SHOULD BE FOUND UNENFORCEABLE.
FTSI'S AGGREGATE LIABILITY TO YOU FOR ANY REASON CONNECTED TO YOUR USE OF THIS SITE WILL IN NO EVENT EXCEED THE SUM OF $100.00.
MODIFICATIONS
FTSI may update, revise, supplement, modify or amend these Terms at any time. Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon posting on this Site. Your use of this Site after such posting constitutes your agreement to such changes.
COMPLIANCE WITH LAWS
This Site is operated from servers located in the State of Texas. You agree that your use of this Site will be in compliance with all relevant and applicable laws and regulations which shall include, but not be limited to U.S. export control laws and executive orders. IT IS YOUR OBLIGATION TO VERIFY AND COMPLY WITH APPLICABLE LAWS AND REGULATIONS OF THE UNITED STATES CONCERNING YOUR USE OF THIS SITE. You shall be fully liable for any violations of this paragraph.
APPLICABLE LAW AND VENUE
You agree that these Terms will be interpreted under the laws of the State of Texas, regardless of any conflicts of laws rules, and regardless of the laws of any other jurisdiction which may be asserted. Any dispute or claim which you may have ("Claim") arising from your access or use of this Site shall first be submitted in writing to FTSI within 30 days from the occurrence of the event upon which the Claim is alleged to be based, or such Claim shall be deemed waived. In the event such Claim has been timely submitted to FTSI and has not been resolved within a reasonable time, not to exceed 120 days from the date of submission to FTSI, any litigation arising between the parties shall be brought only in the state or federal courts having subject matter jurisdiction in Eastland County or Tarrant County, Texas. You and FTSI hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any action or proceeding in any such court, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.
FTSI'S AGGREGATE LIABILITY TO YOU FOR ANY REASON CONNECTED TO YOUR USE OF THIS SITE WILL IN NO EVENT EXCEED THE SUM OF $100.00.
HOW TO CONTACT US
If you have any questions or concerns about this Site or its implementation, you may contact us at:
FTS International Services, LLC
Attention: IT Department
16858 IH 20
Cisco, Texas 76437
OR
FTS International Services, LLC
Attention: IT Department
777 Main Street, Suite 3000
Ft. Worth, Texas 76102