Terms and Conditions of Use for
Forbes Energy Services, Limited WEBSITE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using this Website, you acknowledge and confirm your consent to these terms and conditions of use. If you do not agree to these terms and conditions of use you must not use this Website.

The Forbes Energy Services, Limited Website (hereinafter "Website") is owned and operated by Forbes Energy Services, Limited (hereinafter "FES") for your information and reference. FES welcomes you to browse the Website, with the understanding that your access to, and use of, the Website is subject to the specific terms and conditions set forth herein and all applicable Federal, State and Local laws and regulations. By accessing and browsing the Website, you accept, without limitation or qualification, all of the terms and conditions set forth herein.
IF YOU ARE USING THE WEBSITE WITHIN A COMPANY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE COMPANY AND YOU ACKNOWLEDGE THAT THE RIGHTS TO USE THE WEBSITE WHICH ARE GRANTED TO YOU AND THE COMPANY UNDER THIS AGREEMENT ARE EXPRESSLY CONDITIONED UPON ACCEPTANCE BY SUCH AUTHORIZED PERSONNEL OF THE COMPANY. FES retains the unconditional right to at any time and for any reason modify, delete or add to these terms and conditions of use, effective immediately upon notice thereof, which may be given by any means, including but not limited to, posting on the Website a revised version of these terms and conditions of use. If any such change is unacceptable to you, you must immediately discontinue your use of the Website. You further agree to periodically review the terms and conditions set forth herein to be aware of any such additions or revisions. Your use of the Website may also be subject to additional or different terms or conditions imposed by third party content providers in connection with third party content, products or services accessible through the Website.

RESTRICTIONS ON USE OF MATERIALS
This Website contains material that is protected, nationally and internationally, by applicable copyright and trademark laws. No material may be copied, reproduced, republished, uploaded, downloaded, posted, transmitted, or distributed in any way or decompiled, except that you may download one copy only of such material on any single computer for your personal or commercial use, provided you keep intact any and all copyright and other proprietary notices. Modification of the materials in any way is strictly prohibited. The use of any such materials on any other Website or networked computer environment is strictly prohibited without the express written consent of an authorized representative of FES.

If you download any copyrighted or trademarked information, data or images, these materials are licensed to you by FES or by the applicable third party developer on a limited, non-exclusive basis. Neither they nor FES transfer any title or ownership interest in the materials to you. You own the medium on which the Software is recorded, but the third party or FES retain full and complete title and ownership to the intellectual property rights therein. You may not re-sell or distribute the material in any form or manner.

JURISDICTIONAL ISSUES
Unless otherwise specified herein, the materials on the Website are presented solely for promotion and use in the United States, its territories, possessions and protectorates. FES controls and operates this Website from Alice, Texas and makes no representations that the materials, products, services, information, data and images on the Website are appropriate or available for use in other locations or jurisdictions. Individuals or entities choosing to access this Website from other locations do so on their own initiative and are solely responsible for compliance with all Federal, State, and Local laws, if and to the extent these laws are applicable.

TERMINATION
This Agreement regarding the terms and conditions of Website use shall remain in effect until terminated by either party. This agreement will terminate immediately without notice from FES if, in FES's sole discretion, you fail to comply with any term, condition or provision of this Agreement. Upon termination of this Agreement, you shall immediately destroy all materials obtained from this Website and all copies thereof, whether made under the terms of this agreement or otherwise. Furthermore, you represent and warrant that you shall not make any further or additional use of the materials you obtained from this Website.

DISCLAIMER
Your use and browsing of the Website is entirely at your own risk. If you are dissatisfied with any of the products, services, materials or information contained or identified on the Website, your sole and exclusive remedy with respect to FES, its officers, directors, employees, authorized representatives, subsidiaries, chapters, affiliates and assigns is to immediately discontinue accessing and using the Website.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE FEDERAL, STATE OR LOCAL LAW, FES ,ITS OFFICERS, DIRECTORS, EMPLOYEES, AUTHORIZED REPRESENTATIVES, SUBSIDIARIES, CHAPTERS, AFFILIATES AND ASSIGNS AND/OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, DELIVERING OR MODIFYING THE WEBSITE ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE WEBSITE OR FOR YOUR PURCHASE OR USE OF ANY THIRD PARTY PRODUCTS OR SERVICES OFFERED HEREIN. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS OFFERED AND PROVIDED TO YOU "AS IS" WITHOUT WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AUTHORIZED REPRESENTATIVES, SUBSIDIARIES, CHAPTERS, AFFILIATES AND ASSIGNS assume no responsibility, and shall not be liable for any damages to, or viruses or other harmful components that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Website or the server that makes it available, or your downloading of any materials, information or data from the Website.

FES is making available for your review and examination on the Website materials, information, products and content supplied by third parties. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties are those of the respective authors or distributors and not of FES, its officers, directors, employees, authorized representatives, subsidiaries, chapters, affiliates and assigns. Without restricting any of the foregoing limitations, conditions or disclaimers, neither FES nor any third party provider of information or products guarantees the accuracy, completeness, or usefulness of any materials, information, products, services or content provided on or through the Website.

FES reserves the right to at any time, without condition or restriction, change or discontinue any aspect or feature of the Website, including without limitation content, hours of availability, and equipment required for access or use.

THIRD PARTY SITES
This Website may contain links and pointers to Internet websites maintained by third parties ("third party sites"). FES has not reviewed all of the third party websites that may be linked to this Website nor has FES used all of the products or services offered by third parties on this or any other linked website. FES, its officers, directors, employees, authorized representatives, subsidiaries, chapters, affiliates and assigns are not responsible or liable for the contents of or use of any products or services offered on this or any other third party website and make no representations or warranties of any kind regarding the same.

LIMITATION OF LIABILITY
IN NO EVENT SHALL FES, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, CHAPTERS, AFFILIATES AND ASSIGNS OR ITS LICENSORS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE WEBSITE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, RELIANCE, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE WEBSITE OR THE MATERIALS CONTAINED WITHIN THE WEBSITE, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED, AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY WHETHER OR NOT FES, ITS AFFILIATES, CHAPTERS, SUBSIDIARIES, ASSIGNS, LICENSORS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, MAINTENANCE OR DELIVERY OF THE WEBSITE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AUTHORIZED REPRESENTATIVES, AFFILIATES, CHAPTERS, SUBSIDIARIES, ASSIGNS, LICENSORS, SUPPLIERS AND ALL OTHER PARTIES INVOLVED WITH THE CREATION, PRODUCTION OR DELIVERY OF THE WEBSITE FURTHER SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE RESULTING FROM UNAUTHORIZED ACCESS BY THIRD PARTIES TO OTHER PARTIES TRANSMISSION FACILITIES OR PREMISES, EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF NETWORK SYSTEMS, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD UNLESS SUCH DAMAGE IS CAUSED BY AN INTENTIONAL ACT OF FES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AUTHORIZED REPRESENTATIVES, AFFILIATES, CHAPTERS, SUBSIDIARIES, ASSIGNS, LICENSORS, SUPPLIERS OR THIRD PARTIES INVOLVED WITH THE CREATION, PRODUCTION OR DELIVERY OF THE WEBSITE. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL APPLY EVEN IF FES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AUTHORIZED REPRESENTATIVES, AFFILIATES, CHAPTERS, SUBSIDIARIES AND ASSIGNS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Applicable Federal, State or Local law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. However, in no event shall FES's total liability to you, if any, for all claims, damages, injuries, losses, and causes of action, whether in contract, tort (including without limitation negligence), or otherwise, exceed the amount paid by you, if any, for accessing this Website.

IN THE EVENT THAT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION OF THIS FES WEBSITE OR THE SERVICES TRANSMITTING THE FES WEBSITE TO YOU, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. FOR PURPOSES OF THIS AGREEMENT, "TECHNICAL DISRUPTION" MEANS DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE, AND/OR USING THE WEBSITE TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE WEBSITE. FURTHERMORE, YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT OF ANY TRANSMISSIONS USING THE WEBSITE AND AGREE NOT TO UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON THE WEBSITE ANY MATERIAL PROTECTED BY A PROPRIETARY RIGHT OF A THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS WRITTEN PERMISSION OF THE OWNER OF SUCH PROPRIETARY RIGHT. YOU SHALL BE SOLELY AND COMPLETELY LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF ANY CLAIM OF INFRINGEMENT OR VIOLATION OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF MATERIALS BY YOU.

MISCELLANEOUS
This document entitled terms and conditions of use of the FES Website shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. If any provision of this agreement regarding terms and conditions of use shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by authorized representatives of both parties.

IF YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS OF USE OR ARE NOT AUTHORIZED TO ENTER INTO THESE TERMS AND CONDITIONS, PLEASE EXIT THE WEBSITE IMMEDIATELY.

 

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