Terms of Service

1 Payment & Service Terms

The subscriber/advertising party acknowledges that they have read, understand, and agree to all Terms and Conditions ("terms of service") as stated herein and do hereby agree to be bound to all Terms and Conditions. If advertising fee is not paid up front one year in advance to receive the pre-payment discount, the advertising bill shall be set up to be due each and every month as stated herein.

The up front and/or monthly fee shall pay to have the subscriber/advertising party's advertisement displayed on website and made accessible for all viewers to click on the subscriber's/advertising party's advertisement link, redirecting the prospective customer/client to the subscriber's/advertising party's website and/or landing page.

The size and/or placement of advertisement is subject to change from time to time via e-mail notice during the initial term and/or during the auto-renew extended term of this agreement. ProductionBrokers.com, LLC shall send e-mail notice to the subscriber/advertising party regarding any adjustment to the size, placement, or monthly fee ("If any").

The Subscription/advertising Fee as set forth herein shall be incurred in advance and due each and every month as stated herein unless this contract has been legally canceled per the cancellation terms and conditions as stated herein.

Important: If for any reason the monthly payment is not received on the appointed payment date, ProductionBrokers.com, LLC reserves the right to immediately remove the advertisement with or without notice to subscriber/advertising party. The advertising party shall have 10 days from the date payment was due to make arrangements to pay the past due amount.

Payment Center: 1-800-287-6577 Ext 700

2 Collection & Binding Agreement

All outstanding payment due from Subscriber/Advertising party that are past due (being 31 calendar days from the date payment is due) shall automatically be turned over to a designated collection service and/or legal collection service appointed by ProductionBrokers.com, LLC to take any and all action made available by the state of Oklahoma to collect any and all debt owed.

This contractual agreement shall be binding upon subscriber/advertising party accepting the terms and conditions on ProductionBrokers.com official website, or by signing this same legal binding contractual agreement as a physical copy.

All fully executed copies of this agreement, whether sent by fax and/or e-mailed, shall be a legal binding document and fully enforceable.

Contact Information:
Fax: (405) 471-6120
Email: signup@productionbrokers.com
Address: 1000 W. Wilshire Blvd, Oklahoma City, OK 73116

3 Late Payment Penalties

The subscriber per this contractual agreement shall agree to pay the exact amount billed and/or automatically paid by auto draft on the specified due date for advertising and/or other services.

Late Payment Interest: A late payment shall cause an accrued interest of 10% per month (or, if lesser, the maximum rate permissible by law) measured from the date the amount was due until the date such amount is paid by Subscriber.

If ProductionBrokers.com, LLC commences collection proceedings to recover past due amounts, Subscriber shall pay ALL reasonable collection costs incurred, with interest, including reasonable attorney's fees and/or other fees that may change with or without notice.

4 Term & Termination

4.1 Agreement Term

The term of this agreement shall commence on the billing start date and shall remain in effect for a period no less than stated in the specific contract you may choose. If not otherwise terminated as herein provided, this agreement shall automatically renew annually following the end of the initial term.

Subscriber Termination: The subscriber may terminate this agreement with written notice sixty (60) days prior to the end of the current term.

Company Termination: ProductionBrokers.com, LLC may terminate this agreement with or without notice.

4.2 Breach & Cure Period

Upon noticeably identifying any breach of this Agreement and requesting correction thereof, the breaching party will have the opportunity to cure such breach. The cure period will not apply to any violation by Subscriber of the confidentiality provisions or any infringement by Subscriber of proprietary rights of ProductionBrokers.com, LLC or any other Subscriber. Such breaches shall be cause for immediate termination of this Agreement.

4.3 Post-Termination

Upon the expiration or termination of this Agreement: (a) all rights granted to Subscriber under this Agreement will cease, except Sections 2, 5, 6, 7, 8, 9 and 10 will survive; and (b) Subscriber shall immediately pay all amounts owed under this Agreement.

5 Non-Compete & Service Availability

5.1 Non-Compete Agreement

Subscriber agrees not to compete with ProductionBrokers.com, LLC in the development and/or marketing of a software or database application that will offer a similar service for Oil and Gas related companies during the term of this Agreement and for a 36-month period after this agreement has been officially canceled and/or terminated by either party hereunder.

5.2 Service Availability

The Service may sometimes be unavailable for routine maintenance or extraordinary circumstances. The Subscriber's sole remedy for service outages will be compensated at the discretion of ProductionBrokers.com, LLC and depends on the current situation.

6 Content Rights & Submissions

6.1 Subscriber Representations

The Subscriber represents that it has the right to grant to ProductionBrokers.com, LLC the rights set forth in the Agreement and the rights in the Database Content submitted by Subscriber, and that no submission will violate the rights of any third and/or second party.

The Subscriber may not submit any image to ProductionBrokers.com, LLC unless Subscriber has full exclusive legal, DMR, etc.-rights to the image. No Subscriber may submit any false statements about oil and gas related services it provides, unless Subscriber has legal rights to publish, advertise, and distribute the information.

6.2 License Grant

The Subscriber hereby grants to ProductionBrokers.com, LLC a non-exclusive license to develop, use, display, distribute and sell third-party services utilizing database content entered or sent to assigned administrator by or on behalf of Subscriber.

6.3 Error Compensation

If an error in the database content or in any information contained in the information about services offered is caused by ProductionBrokers.com, LLC, Subscriber will be compensated at the discretion of ProductionBrokers.com, LLC.

6.4 Modification Rights

ProductionBrokers.com, LLC has the full right to modify or suspend access to the third-party services (A) as necessary to comply with any law or regulation, (B) to comply with any court order or instruction, or (C) if deemed reasonably necessary to prevent substantial harm to ProductionBrokers.com, LLC or their business.

7 Warranties & Compliance

7.1 Subscriber Warranties

The Subscriber represents that neither the execution of this Agreement nor its performance of its obligations violates any agreement to which it is a part or by which it is bound, and Subscriber will comply with all applicable laws, rules and regulations.

7.2 Disclaimer of Warranties

EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, PRODUCTIONBROKERS.COM, LLC DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES PROVIDED, WHETHER EXPRESSED OR IMPLIED, ARISING BY LAW, CUSTOM, ORAL OR WRITTEN STATEMENTS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NONINFRINGEMENT, FREEDOM OF INTERFERENCE WITH ENJOYMENT, MERCHANTABILITY, QUALITY, ACCURACY, COMPLETENESS, FITNESS OF RESULTING WORK PRODUCT AND FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SERVICE LISTING(S) WILL GENERATE CERTAIN RESULTS, WORK IN COMBINATION WITH OTHER COMPONENTS OR AS AN INTEGRATED SYSTEM OR WILL FULFILL ANY SUBSCRIBER'S PARTICULAR NEEDS.

7.3 Risk Assumption

Access by the subscriber and the subscriber's subscribers to database content and modification or additions thereto and related documentation, regardless of what form is provided, is with all faults and the entire risk as to satisfactory quality, performance, accuracy and effort is with the subscriber.

8 Indemnification

8.1 Subscriber Indemnification

The Subscriber shall indemnify ProductionBrokers.com, LLC and their directors, officers, employees and affiliates (collectively, the 'Covered Entities') to defend and hold harmless the Covered Entities from and against any and all losses, damages, expenses and liabilities suffered by any of them or to which any of them become subject, resulting from, arising out of or relating to:

Any claim, action or demand with respect to the business, resources, technology or services of The Subscriber (including the Database Content of Subscriber)
Infringement or misappropriation of any intellectual property rights
Defamation, libel, slander, obscenity, pornography or violation of the rights of privacy or publicity
Spamming or any other offensive, harassing or illegal conduct or violation of the acceptable use guidelines

8.2 Company Indemnification

ProductionBrokers.com, LLC shall, at its expense, defend, indemnify and hold Subscriber harmless from and against any third-party claims arising out of or relating to a claim that use of the third-party service section of the website infringes the United States patents, trademarks, copyrights, trade secrets or other intellectual property rights of any third party.

9 Limitation of Liability

9.1 Company Liability Cap

ProductionBrokers.com, LLC's liability under this Agreement will not exceed, in the aggregate, the Fees paid by The Subscriber pursuant to this Agreement for the three-month period preceding the date of this action or omission giving rise to Subscriber's claim.

9.2 Subscriber Liability Cap

The Subscriber's liability under this Agreement will not exceed, in aggregate, the Fees paid to ProductionBrokers.com, LLC pursuant to this Agreement for the remainder of the current term of the Agreement, with the exception of ProductionBrokers.com, LLC's loss of business due to violation of Sections Five (5) and Six (6) contained herein.

9.3 Force Majeure

Neither ProductionBrokers.com, LLC nor The Subscriber will be liable for delays or failure in performance where the delay or failure is due to an event beyond either's control, including acts of God, war, terrorism, civil disturbance, disruption of internet service or otherwise.

9.4 Indirect Damages

Neither ProductionBrokers.com, LLC nor The Subscriber will be liable for any indirect damages, consequential damages, damages for loss of profits or revenues, lost data, business interruption or loss of business information arising in connection with this agreement, even if informed of the possibility of such damages by the other party or otherwise.

9.5 Survival

The limitations of liability set forth in the Agreement are independent and will survive any failure of any remedy.

10 General Provisions

10.1 Assignment

The Subscriber may not assign this Agreement without ProductionBrokers.com, LLC's prior written consent. The Subscriber may not resell or distribute any database content without ProductionBrokers.com, LLC's prior written consent.

10.2 Amendments

This Agreement may not be amended or modified except in a written document signed by an authorized representative of both parties.

10.3 Notices

All notice relating to this Agreement must be in writing and either delivered personally, mailed (first class mail, postage paid certified mail, return receipt requested), by overnight courier, or transmitted by facsimile to the addresses set forth herein.

10.4 Governing Law

This Agreement will be governed by and construed in accordance with the laws of the state of Oklahoma. Venue for any cause of action hereunder shall be in a state or federal court located in Oklahoma County, Oklahoma/Federal Western District of Oklahoma.

10.5 Independent Contractors

The parties to the Agreement are independent contractors. No party has any right or authority to act on behalf of any other party.

10.6 Entire Agreement

This Agreement constitutes the entire agreement, and supersedes all prior agreements, between the parties with respect to the subject matter hereof. In the event of a conflict between the terms of this Agreement and any other source, the provisions of this Agreement shall control.