Oil Trash's User Agreement for Equipment and Job Listings

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OIL TRASH USER AGREEMENT The Oiltrash.com equipment and job listings (the "Listings") are offered to you conditioned upon you acceptance, without modification, of the terms, conditions and notices contained in this User Agreement (this "User Agreement"). By clicking the "I Accept" button, you accept the terms, conditions and notices contained in this User Agreement. If you choose not to accept the terms, conditions and notices contained in this User Agreement, click the "I Do Not Accept" button, and you will be unable to participate in the Listings. Oiltrash.com, Inc., a Colorado corporation, doing business as Oiltrash.com ("Oiltrash.com") reserves the right to amend this User Agreement at any time by posting the amended User Agreement on this site. Any amended User Agreement is automatically effective as of the date it is posted. Eligibility. The Listings are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Listings are not available to minors. If you do not qualify, please do not use the Listings. Oiltrash.com or any of its parents, subsidiaries, affiliates, agents or assigns (the "Company"), may refuse the use of, and participation in, the Listings to anyone at any time, in our sole discretion. Registration Obligations. In consideration of your use of the Listings, you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the "Registration Information"); (b) to maintain and promptly update the Registration Information to keep it true, accurate and complete; and (c) that you will not use the Listings for any purpose that is unlawful or prohibited by the terms, conditions and notices contained in this User Agreement. If you provide any information that is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Listings. Listing Rules. Upon completion of the registration process, you will have an account designation and password. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password and account. You agree to (i) immediately notify the Company of any unauthorized use of your password or account or any breach of security and (ii) ensure that you fully exit from your account at the end of each posting session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this rule. The Company is not responsible for technical problems that may hinder the accessibility of a listing or the Oiltrash.com. It is a crime to use a false name or a known invalid credit card to pay for listings. Each electronic entry carries the computer coding of the Internet service provider through which the individual user can be traced. The Company is not responsible for any typographical, graphical or technical errors with respect to the Listings and their content. Each user must inspect their listing for error and promptly report such errors and necessary corrections to Oiltrash.com. Users shall be charged for listings in accordance with the pricing list located at http://www.oiltrash.com/[ratecard] as amended from time to time by Oiltrash.com. Payment must be made in accordance with the payment terms set forth at http://www.oiltrash.com/[terms] as amended from time to time by Oiltrash.com.   Links to Third Party Sites. The Listings may contain links to web sites operated by parties other than the Company. Such links are provided for your convenience only. The Company does not control such web sites and is not responsible for their contents. The Company’s inclusion of links to such web sites on the Listing site does not imply any endorsement of the material on such web sites or any association with their operators.   Proprietary Rights. You agree that the Oiltrash.com site and any necessary software used in connection with the Oiltrash.com site may contain proprietary and confidential information that may be protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Oiltrash.com or advertisers, if any, may be protected by copyright, trademark, patent or other proprietary rights and laws. Except as expressly authorized by the Company or advertisers, you agree not modify, rent, lease, loan, sell, distribute or create derivative works based on the Oiltrash.com site, in whole or in part.   System Integrity. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Oiltrash.com site.   No Reproduction or Resale. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Oiltrash.com site, use of the Oiltrash.com site or access to the Oiltrash.com site.   Indemnification. You agree to indemnify and hold the Company, its directors, officers, employees and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Listings, your violation of this User Agreement or your infringement of any intellectual property or other right of any other person or entity.   Termination. You agree that the Company, in our sole discretion and with or without notice, may terminate your password, account (or any part thereof) or use of the Listings for any reason, including, without limitation, lack of use or if the Company believes that you have violated or acted inconsistently with the letter or spirit of this User Agreement. Further, you agree that the Company shall not be liable to you or any third party for any termination of your access to or use of the Listings.   DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE LISTINGS IS AT YOUR SOLE RISK. WITH RESPECT TO THE LISTINGS, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.   THE COMPANY MAKES NO WARRANTY THAT (i) THE LISTINGS WILL MEET YOUR REQUIREMENTS, (ii) THE LISTINGS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LISTINGS WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE LISTINGS SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LISTINGS IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.   LIMITATION OF LIABILITY. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE LISTINGS, OR FOR THE COST OF PROCURING SUBSTITUTE SERVICES, OR RESULTING FROM ANY SERVICES PURCHASED OR OBTAINED, OR RESULTING FROM UNAUTHORIZED ACCESS TO, ALTERATION OF A USER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.   Attorneys’ Fees and Costs. In the event that the Company must enforce the provisions of this User Agreement in court and the Company prevails, you agree to reimburse the Company for all reasonable attorneys’ fees and costs incurred by the Company in connection with such action including pre-litigation activities.   Governing Law. This User Agreement shall be governed by and construed in accordance with the laws of the State of Colorado without regard to its conflicts of law provisions.   Waiver. The Company’s failure to exercise or enforce any right or provisions of this User Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.   Severability. If any provision of this User Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and, notwithstanding such finding, all other provisions of this User Agreement shall remain in full force and effect.   Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this User Agreement or use of the Listings must be filed within one year after such claim or cause of action arose or be forever barred.   Headings. The section headings and sub-headings contained in this User Agreement are for convenience only and have no legal or contractual effect.Bids & Drilling Information