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Terms of Use for WellHound Service

Welcome to WellHound. WellHound was developed in response to state requests for identifying oil and gas wells absent from existing data sources. The App (hereinafter defined), available on both Apple and Android stores, empowers users to find orphan oil and gas wells by selecting their respective states. Frequent updates from state data sources ensure a current dataset. Identified non-orphan oil and gas wells receive acknowledgment, while true orphan oil and gas wells prompt collaboration with county and state processes for proper filing on the state’s registry. Users reporting such wells receive rewards and other cash compensation. The App, integrates geolocation data and relevant pictures, aligning with Occlusion, LLC’s (“Occlusion”) data management expertise. This initiative creates a feeder program, contributing more oil and gas wells for plugging. Key features include mobile compatibility, limited bandwidth support, quick roster checks, and high performance. Occlusion manages data sources, addressing confidentiality concerns, conveying environmental risks, and facilitating auditable electronic payments on a state’s behalf. The app connects with Occlusion’s data engineering team and aligns with practices related to mergers and acquisitions. Newly identified wells, once ownership is proven, integrate into the state’s roster and Occlusion’s dataset.

These Terms of Use, along with any other supplemental terms that may be presented to you for your review and acceptance (collectively, the “Terms”), are between you and Occlusion. These Terms govern your access to and use of Occlusion’s “Citizen” service(s) (by whatever name such service(s) may be known), including Occlusion’s “WellHound” mobile application (“App”), and use of the App as described herein (the “Services”), and any videos, radio and audio transmissions, information, incident alerts, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services, you agree to be bound by these Terms.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE CAREFULLY REVIEW SECTION 12 (GOVERNING LAW AND DISPUTE RESOLUTION) BELOW FOR MORE INFORMATION.

PLEASE BE AWARE THAT SECTION 1(D) (OCCLUSION COMMUNICATIONS) OF THE TERMS CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING, AS APPLICABLE, VIA EMAIL, TEXT MESSAGE, CALLS, AND PUSH NOTIFICATIONS.

WHEN USING THE PREMIUM SERVICES, ALL CALLS, VIDEO CALLS, AND OTHER COMMUNICATIONS WITH A CITIZEN AGENT MAY BE RECORDED AND MONITORED BY OCCLUSION FOR QUALITY ASSURANCE, ARCHIVAL PURPOSES, AND TRAINING. YOU HEREBY CONSENT TO SUCH RECORDING AND MONITORING.

THESE TERMS WILL APPLY DURING YOUR USE OF THE SERVICES. IF YOU SUBSCRIBE TO THE PREMIUM SERVICES FOR A DEFINED TERM (THE “INITIAL TERM”), THE TERMS WILL BE AUTOMATICALLY RENEWED FOR RENEWAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM UNLESS YOU OPT OUT OF THE AUTO RENEWAL IN ACCORDANCE WITH SECTION 7(B) (AUTOMATIC RENEWAL FOR PREMIUM SERVICES) BELOW. ANY RENEWAL TERMS SHALL BE BILLED AT OCCLUSION’S THEN-CURRENT RATES.

1. BASIC TERMS AND RISK ASSUMPTION

A. Risks and User Conduct

YOU HEREBY REPRESENT THAT YOU ARE DULY AWARE THAT THE ACTIVITIES IN WHICH YOU MAY BE PARTICIPATING IN CONNECTION WITH THE USE OF THE SERVICES AND/OR THE CAPTURING OF CONTENT TO BE UPLOADED TO THE SERVICES MAY INVOLVE RISKS, INLUDNG RISKS ASSOCAITED WITH ANBONDONED OR ORPHONED OIL AND GAS WELLS. YOU FURTHER ACKNOWLEDGE AND ASSUME THESE RISKS AND YOU HEREBY ELECT, VOLUNTARILY, TO ENGAGE IN SUCH ACTIVITIES. YOU REPRESENT AND WARRANT THAT: (1) YOU UNDERSTAND AND APPRECIATE THE RISKS ASSOCIATED WITH THE ACTIVITIES YOU MAY ENGAGE IN, INLUDNG RISKS ASSOCAITED WITH ANBONDONED OR ORPHONED OIL AND GAS WELLS; (2) YOU UNDERSTAND THAT OCCLUSION HAS NO RIGHT OR ABILITY TO DIRECT THE MANNER IN WHICH YOU GATHER CONTENT ASSOCAITED WITH MAPPING OR LOCATING ABONDONED OR ORPHONED OIL AND GAS WELLS; (3) ANY INJURIES OR OTHER DAMAGE SUFFERED BY YOU WILL NOT BE COMPENSABLE BY WORKERS COMPENSATION OR ANY OTHER INSURANCE PROGRAM MAINTAINED BY OCCLUSION; AND (4) YOU WILL NOT INCITE, ENCOURAGE, CAUSE, OR ENGAGE IN ANY CRIMINAL, HAZARDOUS, ILLEGAL, OR OTHERWISE UNSAFE ACTIVITY IN CONNECTION WITH YOUR USE OF THE SERVICES.

You may use the Services only if you are at least 18 years of age and of sound mind, you can form a binding contract with Occlusion, and you are not a person barred from receiving or using Services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

B. Changes to Services or Terms

The Services that Occlusion provides are always evolving, and the form and nature of the Services may change from time to time without prior notice to you. In addition, Occlusion may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. You may need to update third-party software from time to time in order to use the Services. Occlusion also retains the right to create limits on use of the Services and/or Content at Occlusion’s sole discretion at any time without prior notice to you.

From time to time, we may make changes to these Terms. They will be effective after posting notice of such changes on the Occlusion website (www.occlusion.solutions) (the “Website”) and/or within the App. The most current version of the Terms will always be available on the Website. If you do not agree to any change(s) after reviewing such change(s), stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s).

C. Service Features and WellHound Advertisements

To use the Services effectively, you must enable your mobile device as follows: to receive push notifications from the App; to permit the App to access both the camera and microphone for your device (at your election); and to permit the App to access your location (even in the background; i.e., when the App is not open on your device). (For example, the Services are designed to deliver push notifications to users within a certain radius of known oil and gas wells.) If you do not enable your mobile device accordingly (including enabling any additional features or functions that Occlusion elects to make mandatory for use of the App), the App will not function effectively on your device.

You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile device that is suitable to connect with and use the App. You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing the Service.

The Services may include advertisements for Occlusion’s own products and services, which may be targeted to the Content, your location, your use of the Services, information regarding the Services, queries made through the Services, or other information. The types and extent of such advertising are subject to change. In consideration for Occlusion granting you access to and use of the Services, you agree that Occlusion may place such advertising on the Services or in connection with the display of Content or information from the Services, whether submitted by you or others.

D. Occlusion Communications

As part of the sign-up process for one or more of the Services, we may send you, and you agree to receive, a one-off text message containing a designated short code. If you are experiencing issues with the messaging program, you can reply with the keyword “HELP” for more assistance or with the keyword “STOP” to opt out, or you can get help directly at [email protected]. Mobile carriers and wireless providers are not liable for delayed or undelivered messages. Message and data rates may apply for any messages sent to you from us and to us from you. Message frequency from us may vary. If you have any questions about your text plan or data plan, it is best to contact your mobile carrier or wireless provider. If you have any questions regarding privacy, please read our Privacy Policy.

By agreeing to the Terms or using the Services, you agree to receive these and other communications from us, including via email, text message, calls, in-app direct messaging, and push notifications. You agree that texts, direct messages, calls, or prerecorded messages may be generated by automatic telephone dialing systems. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your account or use of the Services, updates or marketing communications concerning new and existing features on the Services, communications concerning promotions run by us or our third-party partners, news concerning Occlusion, and industry developments. Standard text messaging charges, if and as applied by your cell phone carrier, will apply to text messages that we send. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF TEXT MESSAGES, YOU CAN REPLY “STOP.” REPLY “HELP” TO ANY TEXT MESSAGE FOR ASSISTANCE.

As part of providing the Services, Occlusion may also need to provide you with certain other communications, such as announcements regarding the Services and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt out from receiving.

E. Privacy

Any information that you provide to Occlusion, as well as any information that Occlusion otherwise collects via the Services and your use thereof, is subject to our Privacy Policy, which governs our collection and use of such information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by Occlusion.

2. SERVICE ACCESS CREDENTIALS

You are responsible for safeguarding the mobile telephone number, username, password, or other credentials that you use to access or post Content to the Services and for any activities or actions under your account. Occlusion cannot and will not be liable for any loss or damage arising from unauthorized access to your account resulting from your failure to safeguard your device and/or such credentials.

3. CONTENT ON THE SERVICES

A. Responsibility

All Content transmitted to or through the Services is the sole responsibility of the person who originated or captured such Content. We may, but are not required to, monitor or control the Content available via the Services, and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your sole risk.

We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that, by using the Services, you may be exposed to Content that might be harmful, dangerous, or inaccurate as to the location or dangers associated with an abandoned or orphaned oil and gas well.. Each user must evaluate, and bear all risks associated with, the use of any Content or Services, including any reliance on the accuracy, completeness, or usefulness of such Content or Services. Under no circumstances will Occlusion be liable in any way for any Content not created or modified by Occlusion, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred because of the use of any Content posted, emailed, transmitted, or otherwise made available via the Services or distributed elsewhere.

B. Content Rights

By submitting, posting, or displaying Content on or through the Services, you grant Occlusion a worldwide, non-exclusive, perpetual, irrevocable, assignable (without consent), sublicensable (without consent and through multiple layers of distribution), royalty-free license to use, copy, reproduce, exploit, create derivative works based on, process, adapt, modify, publish, transmit, display, and distribute such Content in any and all media or distribution methods (now known or later developed).

As between the parties, and subject to the license granted in this Section, you retain all other right, title, and interest in and to your Content; provided, however, that (1) you will not post any Content to a site or service that is competitive with the Services; and (2) you will not enter into any agreement with a third party for any of your Content that conflicts with these Terms.

You agree that this license to Occlusion includes the right for Occlusion to use any Content you submit, post, transmit, or otherwise make available through the Services to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations, or individuals who partner with Occlusion for the syndication, broadcast, distribution, or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such uses by Occlusion, or other companies, organizations, or individuals who partner with Occlusion, may be made with no compensation paid to you with respect to your Content.

We (including our licensees and/or sublicensees) may modify or adapt your Content to transmit, display, or distribute it over computer, broadcast, wireless, wireline, and other distribution networks and in various media and/or make changes to your Content as necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services, or media. We will not alter the meaning or context of the Content in doing so. We also have the right to do any of the foregoing with respect to any derivative works that we make (or that others might make with our permission) in respect of the Content.

You are responsible for your use of the Services, for any Content you submit, post, transmit, or otherwise make available through the Services, and for any consequences thereof, including the use of your Content by other users and any third parties. You understand that your Content may be syndicated, broadcast, distributed, or published by our licensees and sublicensees, and that if you do not have the right to submit Content for such use, you may be subject to liability. Occlusion will not be responsible or liable for any use of your Content in accordance with these Terms. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any Content that you submit, post, transmit, or otherwise make available through the Services. You also represent and warrant that none of your Content, your use and provision of Content to be made available through the Services, or any use of your Content by Occlusion on or through the Services will be libelous or defamatory, or infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law, rule, or regulation.

4. RESTRICTIONS ON CONTENT AND USE OF THE SERVICES

We always reserve the right (but will not have any obligation) to remove or refuse to distribute any Content on the Services and to suspend and/or terminate your use of the Services without notice or liability to you for any reason. You shall not provide Content that:

  • Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
  • Violates the rights of a third party, including copyright, trademark, privacy, or publicity rights;
  • Promotes discrimination, hatred, or harm against any individual or group;
  • Is defamatory, pornographic, or intentionally or gratuitously vulgar or offensive; or
  • Is harassing, abusive, constitutes spam, or is otherwise inconsistent with the purposes for which Occlusion makes the Services available.

We also reserve the right to access, read, preserve, and disclose any Content or other information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request; (b) enforce these Terms, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security, or technical issues; (d) respond to user support requests; or (e) protect the rights, property, or safety of Occlusion, its users, and the public.

You may not do any of the following while accessing or using the Services:

  • access, tamper with, or use non-public areas of the Services, Occlusion’s computer systems, or the technical delivery systems of Occlusion’s providers;
  • probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures;
  • access or search, or attempt to access or search, the Services by any means (automated or otherwise) other than through any then-currently available, published interfaces that are provided by Occlusion (and only pursuant to any applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Occlusion (NOTE: scraping the Services without the prior consent of Occlusion is expressly prohibited);
  • forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source- or location-identifying information;
  • interfere with or disrupt (or attempt to do so) the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services;
  • use, display, mirror, or frame the Services or any individual element within the Services, Occlusion’s name, any Occlusion trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Occlusion’s express written consent;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Occlusion or any of Occlusion’s providers or any other third party (including another user) to protect the Services or Content;
  • attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by Occlusion or other generally available third-party web browsers;
  • send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
  • use any meta tags or other hidden text or metadata utilizing a Occlusion trademark, logo, URL, or product name without Occlusion’s express written consent;
  • use the Services or Content that you did not post, or any portion thereof, for any editorial or commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;
  • collect or store any personally identifiable information from other users of the Services without their express permission;
  • violate any applicable law, rule, or regulation;
  • engage in any activity that is a violation of the Terms (such as inciting, encouraging, causing, or engaging in any criminal, hazardous, illegal, or otherwise unsafe activity in connection with your use of the Services); or
  • encourage or enable any other individual to do any of the foregoing.

5. YOUR LICENSE TO USE THE SERVICES

Occlusion grants you a personal, revocable, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software that is provided to you by Occlusion as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Occlusion, in the manner permitted by these Terms, including posting Content in accordance with the terms of Section 4.

With respect to any App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use such App Store Sourced Application (a) on an Apple-branded product that runs iOS (Apple’s proprietary operating system); and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any App accessed through or downloaded from the Google Play Store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of such Google Play Sourced Application on a shared basis within your designated family group.

6. OCCLUSION RIGHTS

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Occlusion and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Occlusion reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Occlusion or the Services is entirely voluntary, and that we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you, even after you cease using or participating in the Services.

7. SUSPENSION OR TERMINATION

The Terms will continue to apply until terminated by either you or Occlusion as set forth below. If Occlusion suspends your access to the Services, you agree that Occlusion shall have no liability or responsibility to you, and Occlusion will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. Nothing in this section shall affect Occlusion’s rights to change, limit, or stop the provision of the Services without prior notice, as provided herein.

A. Termination of Services by You

You may end your legal agreement with Occlusion at any time for any reason by deactivating your accounts and discontinuing your use of the Services. To deactivate your account, please do so by contacting us via the support center within the Services.

B. Suspension or Termination of Services by Occlusion

We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (1) you have violated these Terms; (2) you create risk or possible legal exposure for us; or (3) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.

If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of these Terms, or if Occlusion is required to do so by law (e.g., where the provision of the Premium Services is or becomes unlawful), Occlusion has the right to, immediately and without notice, suspend or terminate any Premium Services provided to you. You agree that all terminations for cause shall be made in Occlusion’s sole discretion and that Occlusion shall not be liable to you or any third party for any termination of your account.

C. Survival

Upon termination of your account by you or by Occlusion, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall survive any termination of these Terms: 1(A), 3, 4, 6, 7(C), 8, 9, 10, 12 and 14.

8. WARRANTIES, DISCLAIMERS, AND LIMITATIONS OF LIABILITY

Please read this section carefully since it limits the liability of Occlusion and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Occlusion Entities”). Each of the subsections below apply up to the maximum extent permitted under applicable law. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

The terms below throughout Section 8 apply to the entirety of our Services (including the Premium Services).

A. The Services are Available “AS-IS”

YOUR ACCESS TO AND USE OF THE SERVICES OR ANY CONTENT ARE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, THE OCCLUSION ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OCCLUSION OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

The Occlusion Entities make no warranty and disclaim all responsibility and liability for: (1) the completeness, accuracy, availability, timeliness, security, or reliability of the Services or any Content; (2) any harm to your computer system or mobile device, loss of data, or other harm that results from your access to or use of the Services, or any Content; (3) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; or (4) any claim that the Services do not meet your requirements or are not available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Occlusion Entities or through the Services will create any warranty not expressly made herein.

From time to time, Occlusion may offer new “beta” features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Occlusion’s sole discretion.

B. No Responsibility for Third Party Links or Fundraisers

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (1) the availability or accuracy of such websites or resources; or (2) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Occlusion Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

The Services may include links to fundraising initiatives established by third party individuals or fundraising sites (“Fundraisers”). Occlusion does not endorse Fundraisers and does not independently verify that Fundraisers are legitimate or that contributions to a Fundraiser will be used for their stated purpose. You should not rely on Occlusion to determine the accuracy of any Fundraiser information. Since Fundraisers are created, hosted, and operated by third parties, not by Occlusion, please do your diligence and use your judgment. All donations to a Fundraiser are made at your own risk and Occlusion bears no liability in this regard.

C. Your Personal Responsibility

YOU ACKNOWLEDGE AND AGREE THAT THERE ARE INHERENT RISKS AND DANGERS ASSOCIATED WITH ABANDONED AND ORPHANED OIL GAS WELLS. YOU FURTHER ACKNOWLEDGE AND ASSUME THESE RISKS AND YOU HEREBY ELECT, VOLUNTARILY, TO ENGAGE IN SUCH ACTIVITIES. YOU REPRESENT AND WARRANT THAT: (1) YOU UNDERSTAND AND APPRECIATE THE RISKS ASSOCIATED WITH THE ACTIVITIES YOU MAY ENGAGE IN, INLUDNG RISKS ASSOCAITED WITH ABANDONED OR ORPHANED OIL AND GAS WELLS; (2) YOU UNDERSTAND THAT OCCLUSION HAS NO RIGHT OR ABILITY TO DIRECT THE MANNER IN WHICH YOU GATHER CONTENT ASSOCAITED WITH MAPPING OR LOCATING ABANDONED OR ORPHANED OIL AND GAS WELLS; (3) ANY INJURIES OR OTHER DAMAGE SUFFERED BY YOU IN UNDERTAKING SUCH ACTIVITIES WILL NOT BE COMPENSABLE BY WORKERS COMPENSATION OR ANY OTHER INSURANCE PROGRAM MAINTAINED BY OCCLUSION; AND (4) YOU WILL NOT INCITE, ENCOURAGE, CAUSE, OR ENGAGE IN ANY CRIMINAL, HAZARDOUS, ILLEGAL, OR OTHERWISE UNSAFE ACTIVITY IN CONNECTION WITH YOUR USE OF THE SERVICES.

D. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OCCLUSION ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO: (1) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (2) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY IN CONNECTION WITH, ARISING OUT OF, OR RELATED TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (3) ANY CONTENT OBTAINED FROM THE SERVICES; OR (4) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OCCLUSION SHALL NOT BE LIABLE FOR ANY DEATH, BODILY HARM, OR PROPERTY DAMAGE ARISING FROM YOUR USE OF OR RELIANCE ON THE SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE OCCLUSION ENTITIES HEREUNDER EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT ANY OCCLUSION ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

9. INDEMNITY

YOU WILL INDEMNIFY AND HOLD HARMLESS THE OCCLUSION ENTITIES FROM AND AGAINST ANY CLAIMS, DISPUTES, DEMANDS, LIABILITIES, DAMAGES, LOSSES, AND COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) ANY PERSONAL INJURY, DEATH OR PROPERTY DAMAGE SUFFERED BY YOU IN USING THE SERIVCES OR MAPPING AND/OR LOCATING ABANDONED OR ORPHANED OIL AND GAS WELLS, B) YOUR ACCESS TO, USE OF, OR RELIANCE ON THE CONTENT OR SERVICES; (B) YOUR CONDUCT WITH RESPECT TO ANY OTHER USERS, INCLUDING IN CONNECTION WITH ANY PUBLIC INCIDENTS ON THE SERVICES; (D) YOUR CONTENT; OR (E) YOUR VIOLATION OF THESE TERMS.

10. RELEASE

TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU HEREBY RELEASE THE OCCLUSION ENTITIES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION, WHATSOEVER, ARISING OUT OF OR RELATED TO ANY LOSS, PROPERTY DAMAGE, PHYSICAL INJURY, CONTAGIOUS DISEASE, OR DEATH THAT MAY BE SUSTAINED BY YOU WHILE USING OR ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES AND/OR THE CAPTURING OF CONTENT TO BE UPLOADED TO THE SERVICES. THIS RELEASE IS BINDING UPON YOUR RELATIVES, SPOUSE, HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, BENEFICIARIES, AND ANY OTHER AFFILIATES OR INTERESTED PARTIES.

You waive and relinquish any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver, including any all rights and benefits which you have or may have under California Civil Code Section 1542 or any similar provision of the statutory or non-statutory law of any other jurisdiction (including, without limitation, Missouri, Delaware, and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits. You acknowledge that the releases in these Terms are intended to be as broad and inclusive as permitted by law, and as a complete and continuous release and waiver of liability for any and all use of the Services.

11. INFRINGEMENT

Occlusion respects the intellectual property rights of others and we expect our users to do the same. If you are a copyright owner and believe a user of the Services is infringing your copyright or the copyright of any third party, please notify our designated copyright agent in writing at the following address: Occlusion, LLC, 4512 E 51st St, Suite 103, Tulsa, OK 74135.

Each notification must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly infringed; (b) a description of the work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works; (c) identification of the Content that is claimed to be infringing, and information reasonably sufficient to permit Occlusion to locate the Content; (d) information reasonably sufficient to permit Occlusion to contact you, such as an address, telephone number, and email address; (e) a written statement that you have a good faith belief that use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement made under penalty of perjury that the information in the notification is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

We may remove Content alleged to be infringing and terminate the right to use the Services by any user who infringes the intellectual property rights of another person or entity, in each case without prior notice and at our sole discretion.

12. GOVERNING LAW AND DISPUTE RESOLUTION

A. Dispute Resolution

These Terms and the relationship between you and Occlusion will be governed by the laws of the State of Oklahoma, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. Except for a claim by Occlusion of infringement or misappropriation of Occlusion’s patent, copyright, trademark, or trade secret, any and all disputes between you and Occlusion arising under or related in any way to these Terms must be resolved through binding confidential arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the Services.

B. Arbitration

YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND OCCLUSION ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND OCCLUSION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON A CONFIDENTIAL INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and us and our employees, agents, successors, or assigns, regarding or relating to the Services or these Terms shall exclusively be settled through binding and confidential arbitration.

Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes.

You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

You and we must abide by the following rules: (1) any claims brought by you or us must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding; (2) the arbitrator may not consolidate more than one person’s claims, may not otherwise preside over any form of a representative or class proceeding, and may not award class-wide relief; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the court or arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (4) we reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by applicable law.

With the exception of subparts (1) and (2) in the paragraph immediately above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Terms, 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, either of subparts (1) and (2) in such paragraph (prohibiting arbitration on a class or collective basis) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Tulsa, Oklahoma.

Claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Tulsa, Oklahoma. Additionally, notwithstanding these Terms to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Tulsa, Oklahoma in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Tulsa, Oklahoma for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

Notwithstanding any provision in these Terms to the contrary, if we seek to terminate this Arbitration section as included in these Terms, any such termination shall not be effective until thirty (30) days after the version of these Terms not containing such section is posted to the Services, and shall not be effective as to any claim of which you provided us with written notice prior to the date of termination. For more information on the AAA, its Rules and Procedures, and how to file an arbitration claim, you may call the AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.

13. APP STORES

You acknowledge and agree that the availability of the App and the Services are dependent on the applicable App Store. You acknowledge that the Terms are between you and Occlusion and not with the App Store. Occlusion, not the App Store, is solely responsible for the Service, including the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). To use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Service, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all terms of agreement imposed by the applicable App Store when using any Service, including the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.

A. Accessing and Downloading the App from iTunes

The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:

You acknowledge and agree that (1) the Terms are concluded between you and Occlusion only, and not Apple; and (2) Occlusion, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Occlusion and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Occlusion.

You and Occlusion acknowledge that, as between Occlusion and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

You and Occlusion acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Occlusion and Apple, Occlusion, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by the Terms.

You and Occlusion acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.

Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

14. OTHER GENERAL TERMS

The failure of Occlusion to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. You may not assign or transfer these Terms, by operation of law or otherwise, without Occlusion’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Occlusion may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Any notices or other communications provided by Occlusion under these Terms, including those regarding modifications to these Terms, will be given: (a) via email; or (b) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

These Terms and our Privacy Policy are the entire and exclusive agreement between Occlusion and you regarding the Services (excluding any services for which you have a separate agreement with Occlusion that is explicitly in addition to or in place of these Terms), and these Terms supersede and replace any prior agreements between Occlusion and you regarding the Services and Content.

These Services are operated and provided by Occlusion, LLC, mailing address: 4512 E 51st St, Suite 103, Tulsa, OK 74135. If you have any questions about these Terms, please contact us at [email protected].

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