Introduction: Terms and Conditions
Conditions"), explain the contractual agreement between you and Rig Planet,
Inc., Inc. ("us", "we" or "Rig Planet, Inc.") regarding your use of our web
site (the "Web Site") and our facilitation of your activities and
transactions conducted through the Web Site or through other interaction
with us (the "Services").
I. GENERAL TERMS
A. Acceptance of Terms.
All users of the Web Site and our Services are required to accept and
owners ("Sellers") of services and unused, used, and surplus material and
equipment ("Assets") and potential purchasers ("Buyers") of such Assets to
exchange Information (as defined in Section III.C.), and to facilitate an
electronic marketplace for the Assets. Non-conformance with these Terms of
Use may result in the termination of your registration with and your right
to use Rig Planet, Inc.'s Services or Web Site.
By registering to use or using this Web Site,
or invoicing from Rig Planet Inc. you agree and ratify that you accept all
authorized to use any of the services of Rig Planet, Inc..
The Services are available only to duly organized businesses that are in
good standing under applicable state laws. The Services are limited to
those officers or agents who are authorized to form legally binding
contracts under applicable law on behalf of a business, and are not
available for consumer use. Rig Planet, Inc. assumes that the individual
authorized officer or agent acting in such capacity on behalf of the
business he or she represents. All references to the term "you" in these
user represents. Rig Planet, Inc. may refuse the Services to anyone or any
entity at any time, in our sole discretion.
C. Registration, User ID and Password.
All users are encouraged to register. Some Rig Planet, Inc. services are
not available without registration. If your registration application is
approved, Rig Planet, Inc. will notify you and your user ID and password
will be activated. You may only use each user ID and password on behalf of
the business that you represent, as indicated on the applicable
registration application. You will be responsible for the confidentiality
and use of your user ID and password, and you will be held solely
responsible for all communications made through the Web Site using your
user ID and password. You must immediately notify Rig Planet, Inc. if you
become aware of any loss or theft of your password or any unauthorized use
of your password, user ID, or of the Web Site. All new International
Registrants (excluding Canada and Mexico) must complete the International
Registration Form. Approval is pending the credit check and contact
information verification, per the Registration Form. All international
transactions are subject to applicable trade regulations and embargos
including, but not limited to, those administered by the U.S. Departments
of Commerce and Treasury. By registering, you consent to have Rig Planet,
Inc. send you faxes, emails, brochures, and other advertisements.
D. Transaction Services.
The actual purchase and sale transactions between Buyers and Sellers do
not occur on the Web Site, and Rig Planet, Inc. is not a party to those
transactions. The Web Site enables Buyers and Sellers to buy and sell
Assets using the following methods: (1) e-Auctions - the Seller offers to
sell the Asset to the Buyer that submits the highest Bid,
(2) Equipment Listings - the Seller offers Assets for sale at a
price posted on the Web Site, (3) Private Sales - the Seller offers Assets
for sale on the Web Site at a posted price or "Ask For Price", (4)
Third-Party Listings - Sellers post their own equipment listings on the Web
Site and Buyers may contact Sellers directly. (5) Direct supply of
equipment from Rig Planet In.c as a supplier of equipment, where all
payments are final. Detailed descriptions of each of these Services and the
rules that govern them are set forth under Transaction Rules. From time to
changes to existing services.
Any Bid may become a Winning Bid in accordance with the Transaction
Rules for that type of transaction. Unless explicitly stated otherwise, all
Bids are exclusive of all applicable taxes, customs duties and registration
fees, shipping, rigging, or other preparation and transportation costs,
insurance and escrow fees (if any), Transaction Fees, Buyer's Premium, and
any other Rig Planet, Inc. fees. Unless otherwise stated, all bids must
be submitted in U.S. Dollars.
F. Information Relating to Assets.
Correct documentation, specification, and other Information relating to
Assets are the exclusive responsibility of the users. Although Rig Planet,
Inc. encourages users to include as much Information relating to Assets as
possible, such Information is not verified or substantiated by Rig Planet,
Inc. and we cannot be held responsible in any way for any inaccuracies or
omissions in such Information, regardless of its source. Unless the Seller
expressly discloses otherwise, Seller will be deemed to represent and
warrant that it has good and marketable title to any Asset sold or
transferred through the Web Site, free and clear of any lien or other
encumbrance (other than statutory liens or other encumbrances arising in
connection with Seller's ordinary course of business securing payments not
yet due and payable and which will not have a material adverse effect on
the Seller's ability to complete the transaction on the agreed-upon
A. Sealed Bids, Listings & Private Sales.
1. Buyers' Duty to Inspect Lot.
Rig Planet, Inc. will post the listins for sale on the Web Site. Each
Listing will include the location of the Asset for Sale. All items are
listed as accurately as possible; however, all descriptions and
representations of items on the Web Site serve as merely a guide, subject
to change. Neither Rig Planet, Inc., the Sellers, nor any third party
making claims as to the description of items on the website, shall be
liable for any errors on the Web Site. All items will be sold 'AS IS, WHERE
IS, WITH ALL FAULTS' and without guarantee or warranty of any kind. Buyers
are solely responsible for the inspection of all items, and accept such
items with any faults or defects.
All prospective Buyers are encouraged to register. By submitting any
information during registration or bidding, the user represents and
warrants that all such information is true and accurate, is not fraudulent,
does not violate any law, statute, ordinance or regulation, is not
defamatory or libelous, and does not contain any information or data that
is intended to damage or interfere with any system, data, or information.
Buyers' names are to remain confidential. Rig Planet, Inc. reserves the
right to refuse a bidder ID and may revoke the Buyers' privileges at any
time for any reason.
3. Private Sales.
a. Buyer Process.
Private sales that are managed by Rig Planet, Inc., as agent for
Sellers, are posted in the equipment catalog and/or other areas of the Web
Site. A Buyer may submit a bid online electronically through the Rig
Planet, Inc. Web Site, verbally or in writing. All bids are firm offers to
buy which are binding for the equipment listed with no warranties expressed
or implied. Upon acceptance of a bid by the Seller, ten (10) percent of the
total purchase price is payable by the Buyer within twenty-four (24) hours,
and the remainder of the purchase price is payable within ten (10) calendar
days of the transaction date. If full payment is not received within ten
(10) calendar days, Buyer forfeits the ten (10) percent deposit as
liquidated damages for its breach of the contract as well as all rights to
b. Seller Process.
Upon receipt of a signed contract, Rig Planet, Inc. will post the
information about the equipment in the equipment catalog and/or other parts
of the website. Rig Planet, Inc. reservces the right to list equipment
without a signed agreement contract as well. Each Seller is solely
responsible for checking the Web Site to ensure the information in their
listing is correct. Sellers are legally bound by the contract signed at the
time of listing the equipment. No equipment shall be listed without a
4. Additional Terms.
Rig Planet, Inc. reserves the right to amend or add to the terms of sale
of any equipment listing in the Additional Terms section posted on each
equipment lot. The terms posted to each lot when in conflict with the Terms
B. Third-Party Listings.
Third-party listings are equipment and service listings offered by third
parties and are not contracted through Rig Planet, Inc.. We do not hold
title, physically possess or handle any of the goods and services listed
through third-party listings. We are not involved in the actual transaction
between buyers and sellers. As a result, we have no control over the
quality, safety or legality of the items advertised, the truth or accuracy
of the listings, the ability of Sellers to sell items or the ability of
Buyers to buy items. We cannot ensure that a Buyer or Seller will actually
complete a transaction.
When users list an item, users have an opportunity to review and accept
the fees that users will be charged for the use of our third-party listing
services. We may in our sole discretion change some or all of our services
at any time. In the event we introduce a new service, the fees for that
service are effective at the launch of the service. Unless otherwise
stated, all fees are quoted in U.S. Dollars. Users are responsible for
paying all fees associated with using our service and our website and all
applicable taxes. Fees are payable using a credit card. Users can safely
enter entire credit card numbers via our secure server, which encrypts all
3. Information Control.
We do not control the information provided by other users that is made
available through third-party listings. However, we reserve the right to
edit any listings. Users may find other users' information to be offensive,
harmful, inaccurate, or deceptive. Please use caution, common sense, and
practice safe trading when using our site. Please note that there are also
risks of dealing with people acting under false pretense. Additionally,
there may also be risks dealing with international trade and foreign
4. User Information.
User Information (or any items listed) and user activities on the site
shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or
involve the sale of counterfeit or stolen items; (c) infringe any third
party's copyright, patent, trademark, trade secret or other proprietary
rights or rights of publicity or privacy; (d) violate any law, statute,
ordinance or regulation (including, but not limited to, those governing
export control, consumer protection, unfair competition,
anti-discrimination or false advertising); (e) be defamatory, trade
libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or
contain child pornography; (g) contain any viruses, Trojan horses, worms,
time bombs, cancelbots, easter eggs or other computer programming routines
that may damage, detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or personal information; (h) create liability
for us or cause us to lose (in whole or in part) the services of our ISPs
or other suppliers; and (i) link directly or indirectly to or include
descriptions of goods or services that: (aa) are prohibited under this
Agreement; (bb) are concurrently listed for sale on a web site other than
Rig Planet, Inc.'s (this does not prevent linking to or advertising a Rig
Planet, Inc. item from another web site); or (cc) users do not have a right
to link to or include. Furthermore, users may not list any item on the site
(or consummate any transaction that was initiated using our service) that,
by paying to us the listing fee could cause us to violate any applicable
law, statute, ordinance or regulation, or that violates our current terms
Users may not offer any item for sale that they do not have the
right to sell. Users listings must be in English, however it may contain
words in another language, if necessary, in order to describe the item or
service for sale. Rig Planet, Inc. does not allow links that provide an
alternative means for sales of any item or service; reference a competitor
of Rig Planet, Inc.; attempt to circumvent fees and usage of our site;
reference obscene, offensive, or inappropriate material.
III. COVENANTS OF USERS
A. Asset Quality.
Every item is sold 'AS IS, WHERE IS, WITH ALL FAULTS' without warranty
or guarantee either written, stated or implied. There are no warranties or
guarantees as to year, make, model, serial number, condition or
performance. All items are listed as accurately as possible and information
is derived from sources deemed reliable. However, Buyer must inspect all
items personally and accept with any faults or defects. Buyer in no way
holds Rig Planet, Inc. or Seller responsible for any defects, inaccuracies
or errors in any way, and releases Rig Planet, Inc., Inc. and Seller from
any claims in respect of alleged defects, inaccuracies or errors. All sales
and pyaments made are final.
B. Asset Labeling.
Sellers must provide identification Information related to the Asset for
sale (if reasonably available) on the Listing, including serial and model
numbers, and manufacturer name. Sellers warrant that such Information is
C. User Information.
"Information" includes any information you provide to Rig Planet, Inc.
or other users during the registration, bid, or listing process, and any
other information you provide to or through the Web Site. Rig Planet, Inc.
accepts the Information supplied by various Sellers and Buyers, but does
not assume responsibility for testing or verifying the accuracy of such
Information, and does not endorse or approve of any product, service or
other Asset, of any Seller or Buyer. With respect to the Information you
supply, you agree that:
1. You are solely responsible for notifying us of any changes to
Information provided by you, so that such Information is current,
complete, truthful and accurate at all times. Rig Planet, Inc. acts
only as a passive conduit for online publication of your Information.
Your responsibility includes issuance of all bills of lading and all
transportation documents required by the U.S. Department of
Transportation, and any other applicable statutes or regulations.
Notwithstanding the foregoing, in order to maintain the integrity of
the Web Site for the benefit of all of its users and to avoid the harm
that may result from the dissemination of statements that are false,
malicious, violate the rights of others or are otherwise harmful, Rig
Planet, Inc. reserves the right to monitor all Information and to take
any action with respect to such Information we deem necessary or
appropriate in our sole discretion, including, without limitation,
deleting, restricting or suspending access to such Information, at our
sole discretion, for any reason whatsoever.
2. You warrant and represent that your Information and the sale or
purchase of an Asset(s) on the Web Site or through the Services: (a)
will not infringe any third party's copyright, patent, trademark, trade
secret or other proprietary rights or rights of publicity or privacy;
(b) will not violate any law, statute, ordinance or regulation
(including without limitation those governing export control, consumer
protection, unfair competition, discrimination false advertising,
transportation or release of hazardous material, or use of pesticides);
(c) will not be defamatory, trade libelous, unlawfully threatening or
unlawfully harassing; (d) will not knowingly contain any viruses,
Trojan horses, worms, time bombs or other computer programming codes or
routines that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal
Information; (e) will not link directly to or include descriptions of
Assets that: (i) are concurrently listed for sale or requested for
purchase anywhere other than the Web Site in a manner that inhibits
(ii) you do not have a right to link to or include; and (f) will not be
fraudulent or involve the sale of counterfeit or stolen assets.
Furthermore, you agree not to claim that by allowing you to post, sell
or purchase an Asset on the Web Site, or by charging you a Transaction
Fee, Rig Planet, Inc. violated any applicable law, statute, ordinance
D. System Integrity.
You agree not to use any device, software or routine to knowingly or
intentionally interfere or attempt to interfere with the proper working of
the Web Site, any listing being conducted on the Web Site, or our Services.
You may not knowingly or intentionally take any action that imposes an
unreasonable or disproportionately large load on our infrastructure, or
with the intent of disrupting the Web Site. You may not disclose or share
your password to any third parties or use your password for any
E. General Compliance with Laws.
You will comply with all applicable laws, statutes, ordinances and
regulations regarding your use of the Services and your bidding on,
listing, purchase and sale of Assets.
IV. THIRD PARTY DISCLAIMER
A. Links to Third Parties' Sites.
This Web Site may contain links and pointers to sites maintained by
third parties. Rig Planet, Inc. does not operate or control, in any
respect, any software, hardware, information, products or services received
on or through such third-party sites. Third-party links and pointers are
included solely for the convenience of users, and do not constitute any
endorsement, representation, warranty or guarantee by Rig Planet, Inc. of
such third-party sites. You assume sole responsibility and risk for use of
such third-party links and pointers.
B. Application Service Providers.
This Web Site may contain pages that are maintained or hosted by third
parties, including application service providers (ASPs). Rig Planet, Inc.
does not operate or control, in any respect, any software, hardware,
information, products or services associated with or received on these
pages on the Web Site, and cannot guarantee the privacy or security
associated with these pages.
V. INTELLECTUAL PROPERTY
A. Rig Planet, Inc. Property.
The Web Site, its content and all intellectual property included therein
(including but not limited to copyrights, trademarks and service marks) are
owned or licensed by Rig Planet, Inc., and all right, title and interest
therein will remain the property of Rig Planet, Inc. and/or its licensees,
successors, and assigns. You also agree not to remove or copy any
copyright, trademark or other intellectual property or any proprietary
notice or legend contained on the Rig Planet, Inc. Web Site or its content,
including the Information.
B. Limited License.
Rig Planet, Inc. hereby grants you a revocable, nontransferable,
nonexclusive, worldwide license to use the Services solely for your
internal, commercial use, including use by contractors, consultants and
other agents that you have authorized to act on your behalf in accordance
your rights hereunder, you agree that you will not republish, reproduce, or
distribute any of the Information or make any use of the Information that
would allow a third party to have access to the Information or to the
Services. In addition, you will be responsible for providing all
communication lines, telephone/transmission services and all equipment and
technology necessary for you to access and use the Services. The foregoing
license has been granted to you subject to your agreement to abide by these
conditions that may be published or displayed from time to time by Rig
Planet, Inc. on the Web Site.
C. User Information.
You enable Rig Planet, Inc. to use your Information, and to prevent
violation of any rights you might have in that Information. You agree to
grant Rig Planet, Inc. a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sub-licensable (through multiple tiers) right to use the
Information solely in connection with the Services and the Web Site, and at
D. Copyrights and Copyright Agent.
Rig Planet, Inc. expects its users to respect the intellectual property
of others. Rig Planet, Inc. may, in appropriate circumstances and at its
discretion, terminate the use of the Web Site and the Services by users who
infringe the intellectual property rights of others. If you believe that
your work has been copied in a way that constitutes copyright infringement,
please provide Rig Planet, Inc.'s Copyright Agent the following
1. An electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been
3. A description of where the material that you claim is infringing is
located on the Web Site;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or
6. A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
VI. LIMITATIONS OF Rig Planet Inc's LIABILITY
YOU AGREE YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE
SERVICES ARE PROVIDED, "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR THE
INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR ASSETS PURCHASED THROUGH OR
IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION INFORMATION
ON ASSETS PURCHASED OR SOLD OR INTENDED TO BE PURCHASED OR SOLD BY ANY
BUYER OR SELLER BASED, IN ANY PART, ON INFORMATION OBTAINED THROUGH THE
SERVICES. ALL SALES AND INVOICING ARE FINAL, NO REFUNDS.
SPECIFICALLY, Rig Planet, Inc. DISCLAIMS ANY AND ALL WARRANTIES,
INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE
AVAILABILITY, ACCURACY, OR CONTENT OF THE INFORMATION, ASSETS, OR THE
SERVICES; 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, 3) ANY WARRANTIES CONCERNING THE ABILITY
OF A USER TO PROVIDE OR DELIVER ANY PRODUCT, SERVICE OR ASSET OR TO PAY A
USER FOR ANY PRODUCT, SERVICE OR ASSET, AND 4) ANY WARRANTIES OF
CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO Rig Planet, Inc.'s
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY
ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THIS INCLUDES NO REFUNDS OF
TRANSACTIONS, INVOICES, OR DOWNPAYMENTS OF EQUIPMENT OR SERVICES.
Rig Planet, Inc. is committed to protecting the privacy of the users of
the Web Site. However, Rig Planet, Inc. cannot guarantee the security of
any information you disclose online, and you assume sole and complete risk
for using this Web Site. Rig Planet, Inc. is not responsible for the
security of any information transmitted via the Internet or any error or
delay in transmitting any information over the Internet, including
limitations as to authentication and privacy protection measures. You
further acknowledge that data or information provided to or by the Web Site
may be subject to eavesdropping, sniffing, spoofing, forgery, spamming,
"impostering", tampering, breaking passwords, harassment, fraud, electronic
trespassing, hacking, nuking, system contamination (including, without
limitation, viruses, worms, and Trojan horses) causing unauthorized,
damaging or harmful access and/or retrieval of information and data on your
computer, may be subject to other security or privacy hazards or may not
reach its destination or may reach an erroneous address or recipient.
B. Limitation of Liability.
Our Web Site serves as a venue for Sellers to list and sell Assets and
for Buyers to bid for and enter contracts to purchase Assets listed by
Sellers. Rig Planet, Inc.'s role in any transaction is limited to providing
the services described in the preceding sentence and it is not involved in
the actual transaction between Buyers and Sellers. As a result, Rig Planet,
Inc. has no control over the quality, safety or legality of the Assets
advertised, the truth or accuracy of the listings or other related content,
and the ability of Sellers to sell Assets or the ability of Buyers to buy
Assets. We cannot and do not control whether Sellers will complete the sale
of Assets they offer or whether Buyers will complete the purchase of Assets
for which they have bid.
Because we do not and cannot control the actions of users of the Web
Site, in the event that you have a dispute with one or more users, you
release Rig Planet, Inc. and its employees, agents, successors, officers,
directors, assigns and affiliates (collectively, the "Rig Planet, Inc.
Affiliates") from any and all claims, demands and damages (actual,
consequential and punitive) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in
any way connected with such disputes. You waive the provisions of any state
law limiting or prohibiting a general release. IF YOU ARE A CALIFORNIA
RESIDENT, YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH
PROVIDES THAT: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF
EXECUTING THIS RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED
HIS SETTLEMENT WITH THE DEBTOR."
IN NO EVENT WILL Rig Planet, Inc. OR THE Rig Planet, Inc. AFFILIATES BE
LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR
EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOST
GOODWILL, OR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES). IN
NO EVENT WILL Rig Planet, Inc.'s LIABILITY AND THE LIABILITY OF THE Rig
THE SERVICES OR YOUR USE THEREOF, HOWEVER ARISING, UNDER ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION
NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED
THE GREATER OF (1) ONE THOUSAND DOLLARS ($1,000) , OR(2) THE TRANSACTION
FEE ASSOCIATED WITH THE TRANSACTION IN QUESTION, REGARDLESS OF WHETHER Rig
Planet, Inc. OR THE Rig Planet, Inc. AFFILIATES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL
PURPOSE OF ANY REMEDY. THESE LIMITATIONS APPLY TO ANY THIRD-PARTY CLAIMS
AGAINST BUYER OR SELLER. SOME STATES LIMIT DISCLAIMERS OF CERTAIN
LIABILITIES, SO CERTAIN OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
YOU WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS RIG PLANET, INC. AND ITS
EMPLOYEES, AGENTS, SUCCESSORS, OFFICERS, DIRECTORS AND ASSIGNS, FROM AND
AGAINST ANY SUITS, LOSSES, CLAIMS, DEMANDS, LIABILITIES, COSTS AND EXPENSES
(INCLUDING ATTORNEY AND ACCOUNTING FEES) ARISING OUT OF OR RELATING TO ANY
YOUR SALE, DELIVERY, PURCHASE OR USE OF ANY ASSET; PROVIDED THAT RIG
PLANET, INC.: (I) PROVIDES YOU WITH PROMPT WRITTEN NOTICE OF SUCH CLAIM;
(II) PERMITS YOU TO CONTROL THE DEFENSE AND SETTLEMENT OF SUCH CLAIM; AND
(III) DOES NOT ENTER INTO ANY SETTLEMENT OR COMPROMISE OF ANY SUCH
VII. RIGHT TO TERMINATE
A. Rig Planet, Inc. Right to Terminate.
Rig Planet, Inc. reserves the right in its sole discretion to refuse the
Services to any user at any time. Further, Rig Planet, Inc. reserves the
right to terminate the listing of any Asset at any time with no liability
to the Seller or prospective Buyer of such Asset.
WE MAY IMMEDIATELY ISSUE A WARNING, TEMPORARILY SUSPEND, OR TERMINATE
YOUR USE AND/OR ACCESS TO THE WEB SITE OR THE SERVICES, AND ANY OF YOUR
CURRENT LISTINGS, AND ANY OTHER INFORMATION YOU PLACE ON THE WEB SITE IF
ANY INFORMATION YOU PROVIDE TO US.
B. Your Right to Terminate.
Inc.; provided, however, that such termination will not relieve you of any
obligations occurring prior to such termination, and immediately upon such
termination, you will no longer be authorized to use the Services.
A. No Agency.
You and Rig Planet, Inc. are independent parties, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee
Our policies with respect to Information and other data concerning users
is set forth in our Privacy Statement, which is incorporated by reference
Except as explicitly stated otherwise, any notices will be sent via
e-mail to email@example.com (in the case of Rig Planet, Inc.) or to the
e-mail address you provide to Rig Planet, Inc. during the registration
process (in your case), or such other address specified via e-mail to
firstname.lastname@example.org. Notice will be deemed given 24 hours after E-mail is
sent, unless the sending party is notified that the e-mail address is
invalid. Alternatively, we may give you notice by certified mail, postage
prepaid and return receipt requested, to the address provided to Rig
Planet, Inc. during the registration process. In such case, notice will be
deemed given three days after the date of mailing.
Any controversy or claim between you and Rig Planet, Inc. arising out of
will be settled by binding arbitration in accordance with the commercial
arbitration rules of the American Arbitration Association. Any such
controversy or claim will be arbitrated on an individual basis, and will
not be consolidated in any arbitration with any claim or controversy of any
other party. The arbitration will be conducted in Houston, Texas before a
single arbitrator, and judgment on the arbitration award may be entered
into any court having jurisdiction thereof. Either you or Rig Planet, Inc.
may seek any interim or preliminary relief from a court of competent
jurisdiction in Houston, Texas, necessary to protect the respective
property rights pending the completion of arbitration. Both parties submit
to jurisdiction in Texas and further agree that any cause of action arising
federal court located in San Marcos, Texas.
unenforceable, such provision will be struck and the remaining provisions
will be enforced. Headings are for reference purposes only and in no way
define, limit, construe or describe the scope or extent of such section.
Our failure to act with respect to a breach by you or others does not waive
our right to act with respect to subsequent or similar breaches. These
and Rig Planet, Inc. with respect to the subject matter hereof.
F. Governing Law.
State of Texas, without respect to its conflict of law rules.