Please read these terms of service carefully. By clicking the “create account” button or by accessing or using our services, you agree to be legally bound by these terms of service and all terms incorporated by reference.
SUMMARY OF TERMS OF SERVICE
This summary of our Terms of Service offers you an overview of the key terms that apply to your use of our website and trading services. While we hope this summary section is helpful, you should read the complete Terms of Service below since they provide important information about how our services work.
Barrows Company Inc. provides you with a platform that maintains a vast database of oil, gas and mining laws and contracts. Additionally, we offer a unique set of products and services which provide legal advice tailored to our customers’ needs.
Subscribers can efficiently browse our library content by using specific search mechanism sets.
Eligibility and Acceptable Use
You must meet certain eligibility criteria to use Barrows Company Inc. For instance, you must be an adult. Also, there are certain things you cannot do when using Barrows Company Inc., such as download and/or print or copy the library content, engage in illegal activities or do anything that would cause damage to our services or systems. Please see the acceptable use section for more details.
Other Important Legal Terms
There are important legal terms provided below in the complete Terms of Service, including your indemnification responsibilities, our limitation of liability, and your agreement to arbitrate most disputes. Please take the time to read these terms carefully. You can always contact us through support if you have any questions please contact firstname.lastname@example.org
Complete Terms of Service
These Terms of Service and any terms expressly incorporated herein (“Terms”) apply to your access to and use of the websites and mobile applications provided by Barrows Company Inc., “we”, or “us”, and the services provided by Barrows Company Inc. as described in these Terms (collectively, our “Services”).
The data protection declaration of the Barrows Company Inc. is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, capitalized terms not otherwise defined in these Terms will have the following meaning:
“Personal data” means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
“Data subject” is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing;
“Processing” is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
“Restriction of processing” is the marking of stored personal data with the aim of limiting their processing in the future;
“Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;
“Pseudonymisation” is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person;
“Controller or controller responsible for the processing” is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;
“Processor” is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;
“Recipient” is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing;
“Third party” is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data;
“Consent” of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her;
Barrows Company Inc. may not make the Services available in all markets and jurisdictions, and may restrict or prohibit use of the Services from certain U.S. states or foreign jurisdictions (“Restricted Locations”). If you are registering to use the Services on behalf of a legal entity, you represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf.
You further represent and warrant that you: (a) are of legal age to form a binding contract (at least 18 years old in the U.S.); (b) have not previously been suspended or removed from using our Services; (c) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party; (d) are not located in, under the control of, or a national or resident of (i) any Restricted Locations, or (ii) any country to which the United States has embargoed goods or services; (e) are not identified as a “Specially Designated National;” (f) are not placed on the Commerce Department’s Denied Persons List; and (g) will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms.
Barrows Company Inc. ACCOUNT
Barrows Company Inc. account information and security. You must create a Barrows Company Inc. Account and provide any requested information. When you create a Barrows Company Inc. Account, you agree to: (a) let us create a strong password that you do not use for any other website or online service; (b) provide accurate and truthful information; (c) maintain and promptly update your Barrows Company Inc. Account information; (d) maintain the security of your Barrows Company Inc. Account by protecting your password and restricting access to your Barrows Company Inc. Account; (e) promptly notify us if you discover or otherwise suspect any security breaches related to your Barrows Company Inc. Account; and (f) take responsibility for all activities that occur under your Barrows Company Inc. Account and accept all risks of any authorized or unauthorized access to your Barrows Company Inc. Account, to the maximum extent permitted by law.
This Section applies to all purchase completed via the Services into your Barrows Company Inc. Account, as well as to the access to our online database
Conditions and Restrictions. We may, at any time and in our sole discretion, refuse any purchase via the Services or impose any other conditions or restrictions upon your use of the Services without prior notice. For example, we may limit the number of accesses per minute to avoid security breaches or we may temporarily or permanently block account in order to increase security.
Accuracy of Information. You must provide any information required when creating a Barrows Company Inc. account or when prompted by any screen displayed within the Services. You represent and warrant that any information you provide via the Services is accurate and complete.
Consent to Electronic Delivery. You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, “Communications”) that Barrows Company Inc. provides.
Account and/or use of the Services. You agree that we may provide these Communications to you by posting them via the Services, by emailing them to you at the email address you provide, and/or by sending an SMS or text message to a mobile phone number that you provide. Your carrier’s normal, messaging, data and other rates and fees may apply to any mobile Communications. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy.
Updating Contact Information. It is your responsibility to keep your email address and/or mobile phone number on file with Barrows Company Inc. up to date so that we can communicate with you electronically. You understand and agree that if we send you an electronic Communication but you do not receive it because your email address or mobile phone number on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Barrows Company Inc. will be deemed to have provided the Communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add us to your email address book so that you will be able to receive the Communications we send to you. You can update your email address, mobile phone number or street address at any time by logging into your Barrows Company Inc. Account. If your email address or mobile phone number becomes invalid such that electronic Communications sent to you by us are returned, we may deem your account to be inactive, and you may not be able to complete any transaction via our Services until we receive a valid, working email address or mobile phone number from you.
When accessing or using the Services, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:
Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
Use or attempt to use another user’s account without authorization;
Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
Develop any third-party applications that interact with our Services without our prior written consent;
Provide false, inaccurate, or misleading information; and
Encourage or induce any third party to engage in any of the activities prohibited under this Section.
We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials regarding our Services that you provide, whether by email, posting through our Services or otherwise (“Feedback”). Any Feedback you submit is non-confidential and shall become the sole property of Barrows Company Inc. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in this section.
COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our website or provided in connection with the Services, including, without limitation, the Barrows Company Inc. logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “ Barrows Company Inc. Materials”) are the proprietary property of Barrows Company Inc. or our licensors or suppliers and are protected by U.S. and international copyright laws and other intellectual property rights laws.
We hereby grant you a limited, nonexclusive and non-sub licensable license to access and use the Barrows Company Inc. Materials for your personal or internal business use. Such license is subject to these Terms and does not permit (a) any resale of the Barrows Company Inc. Materials; (b) the distribution, public performance or public display of any Barrows Company Inc. Materials; (c) modifying or otherwise making any derivative uses of the Barrows Company Inc. Materials, or any portion thereof; or (d) any use of the Barrows Company Inc. Materials other than for their intended purposes. The license granted under this Section will automatically terminate if we suspend or terminate your access to the Services.
“Barrows Company Inc.,” the Barrows Company Inc. logo and any other Barrows Company Inc. product or service names or slogans that may appear on our Services are trademarks of Barrows Company Inc., in the United States and in other countries, and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any trademark, product or service name of Barrows Company Inc. without our prior written permission, including without limitation any metatags or other “hidden text” utilizing any trademark, product or service name of Barrows Company Inc. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Barrows Company Inc. and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned through our Services are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
In using our Services, you may view content provided by third parties, including links to web pages of such parties, including but not limited to Facebook and Twitter links (“Third-Party Content”). We do not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
SUSPENSION AND/OR TERMINATION
In the event of any Force Majeure Event, breach of this agreement, or any other event that would make provision of the Services commercially unreasonable for Barrows Company Inc., we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Services. We may terminate your access to the Services in our sole discretion, immediately and without prior notice, and delete or deactivate your Barrows Company Inc. Account and all related information and files in such account without liability to you, including, for instance, in the event that you breach any term of these Terms.
DISCONTINUANCE OF SERVICES
We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
LIMITATION OF LIABILITY
Except as otherwise required by law, in no event shall Barrows Company Inc., our directors, members, employees or agents be liable for any special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use our services or the Barrows Company Inc. materials, including without limitation any damages caused by or resulting from reliance by any user on any information obtained from Barrows Company Inc., or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from a force majeure event, communications failure, theft, destruction or unauthorized access to Barrows Company Inc.’s records, programs or services.
You agree to defend, indemnify and hold harmless Barrows Company Inc. (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, our Services; (b) any Feedback you provide; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
Entire Agreement; Order of Precedence – These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with Barrows Company Inc. for the Services or for any other Barrows Company Inc. product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with Barrows Company Inc., the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
Amendment – We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion. If we make changes to these Terms, we will provide you with notice of such changes, such as by sending an email, providing notice on the homepage of the Site and/or by posting the amended Terms via the applicable Barrows Company Inc. websites and mobile applications and updating the “Last Updated” date at the top of these Terms. The amended Terms will be deemed effective immediately upon posting for any new users of the Services. In all other cases, the amended Terms will become effective for pre-existing users upon the earlier of either: (i) the date users click or press a button to accept such changes, or (ii) continued use of our Services 30 days after Barrows Company Inc. provides notice of such changes. Any amended Terms will apply prospectively to use of the Services after such changes become effective. If you do not agree to any amended Terms, you must discontinue using our Services and contact us to terminate your account.
Waiver – Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
Severability – The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
Force Majeure Events – Barrows Company Inc. shall not be liable for (1) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from any event beyond Barrows Company Inc.’s reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond Barrows Company Inc.’s reasonable control (each, a “Force Majeure Event”).
Assignment – You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Barrows Company Inc., including by operation of law or in connection with any change of control. Barrows Company Inc. may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
Headings – Headings of sections are for convenience only and shall not be used to limit or construe such sections.