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Terms of Use

Nuverra Environmental Solutions
Terms of Use

Effective Date: May 20, 2013

Welcome to the Nuverra Environmental Solutions, Inc. website. Please carefully review these terms of use, which apply to you and everyone who visits this or any of the websites owned and operated by Nuverra or its affiliated companies (each such website is referred to below as the “Site”). Your use of the Site is also governed by the Nuverra Privacy Policy.

Nuverra may modify these Terms of Use and the Privacy Policy at any time without notice, and we encourage you to review them because any modifications will be binding on you. When you access the Site, you accept these Terms of Use and the Privacy Policy without limitation or qualification.

1. Use and Restrictions.

The Site is provided as a convenience to you for non-commercial use. All product descriptions, investment information, other text, graphics, documents, files, videos and other content (all of which are referred to below as the “Content”) are provided for informational purposes only, and are subject to change at any time. We do not and cannot warrant or verify that any Content represents the most current or accurate information on any topic. Other than for your use of the Site as expressly permitted in these Terms of Use, you must not access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way.

2. No Advice

Nothing contained in the Site should be construed as technical, legal, investment, financial, investment or other advice. All stock information provided via the Site is provided by third party services for informational purposes only. Nuverra does not maintain or provide information directly to this service. Stock information displayed on the Site may be delayed.

3. Copyright and Trademarks

The Content and the Site are the sole property of Nuverra and/or its licensors, may be protected by copyright, trademark and other intellectual property laws and may not be used except in accordance with these Terms of Use or with Nuverra’s express written consent. You must not modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content. All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Site are proprietary to Nuverra, its subsidiaries and affiliates, or such marks’ respective owners. You must not display or reproduce the Marks other than with the prior written consent of Nuverra. You must not remove or otherwise modify any trademark notices or other proprietary notices from any Content.

4. Modifications

Any Content offered or posted on the Site is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. As noted above, Nuverra reserves the right, at any time and from time to time, without notice, to modify, alter, or update these Terms of Use, and your continued use of the Site after such modifications, alterations or updates signifies your agreement to be bound by such modifications, alterations or updates. Nuverra may also make improvements and/or changes in the Site or any portion of it at any time without notice or obligation to you.

5. Links to Third Party Websites

The Site may contain links to websites and other resources operated by third parties other than Nuverra. Any such links are provided solely as a convenience to you. Nuverra does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to any third party websites on the Site does not imply our endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person.

6. Warranties and Disclaimer

THE SITE AND ANY CONTENT PROVIDED VIA THE SITE, INCLUDING LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NUVERRA AND ITS AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, MALICIOUS CODE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, NUVERRA DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITE IS SECURE, ACCURATE, COMPLETE. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO NUVERRA THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.

7. Limitation of Liability

NUVERRA AND ITS AFFILIATES OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH YOUR USE OF THE SITE OR ANY CONTENT ON THE SITE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

8. Governing Law

These Terms of Use and the relationship between you and Nuverra will be governed by the laws of the state of Delaware, USA, without giving effect to principles of conflict of laws of any jurisdiction. All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with the Site and/or the Content must and will be venued exclusively in New Castle County, Delaware, USA.

9. Miscellaneous

If any provision of these Terms of Use or the Privacy Policy is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision, and these Terms of Use and the Privacy Policy will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained in the document. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Nuverra as a result of these Terms of Use, our Privacy Policy or any use of the Site. Nuverra’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use or our Privacy Policy is in derogation of Nuverra’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Nuverra with respect to such use. These Terms of Use and our Privacy Policy constitute the entire agreement between you and Nuverra with respect to the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Nuverra with respect to the Site.