Terms & Conditions

Last Modified: March 9, 2022

Before using this Website, please read the following Terms & Conditions and the Privacy Notice‍

Introduction

These Terms & Conditions are a binding agreement between you and any entity you may represent (“You”) and ProFrac Holdings, LLC and its affiliates, subsidiaries, and parent entities (“ProFrac,” “we,” “us,” “our”). Please read these Terms & Conditions (“Terms”) carefully before using this website, or any other website owned or controlled by ProFrac and linked to this domain (“Website”). BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE. These Terms apply exclusively to your access to and use of this Website and do not alter in any way the terms and conditions of any other agreement you may have or have entered into with ProFrac for products, services, or otherwise.

Modification

ProFrac reserves the right, at its sole discretion, to update, revise, supplement, modify, or amend these Terms at any time. Any updates, revisions, supplements, modifications, or amendments shall be effective immediately upon posting on this Website. It is your responsibility to check these Terms periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes.
We may update the Website from time to time, but the information, statistics, and other data provided within the Website is not necessarily complete or up to date.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by ProFrac, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

Modify copies of any materials from this Website.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

ProFrac possess rights in the United States and elsewhere in its trademarks, service marks, trade names, designs, logos and other trade dress (collectively “Marks”). No use of ProFrac Marks may be made without the prior, written authorization of ProFrac.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by ProFrac. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

disclaimer

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THIS WEBSITE AND ITS CONTENT IS AT YOUR SOLE RISK. THE CONTENT ON THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DO NOT REPRESENT THAT THE CONTENT WILL BE RELIABLE, SECURE, UNINTERRUPTED, ERROR FREE, TIMELY, FREE OF VIRUSES, CONTAMINATION, OR OTHER HARMFUL ELEMENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE CERTAIN RESULTS. PROFRAC MAKES NO REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO THE TIMELINESS, ACCURACY, OR COMPLETENESS OF ANY OF THE CONTENT ON THIS WEBSITE, AND EXPRESSLY DISCLAIMS ANY LIABILITY OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. PROFRAC EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACTION OR FAILURE TO TAKE ACTION, IN RELIANCE ON ANY OF THE CONTENT ON THIS WEBSITE. PROFRAC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY PROFRAC SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH ANY OF THE CONTENT IS TO REFRAIN FROM USING THIS WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Prohibited Uses Of Website

Your use of this Website must always comply with applicable law. In particular, but without limitation, you agree not to use or access this Website to:

Impersonate, falsely state, or otherwise misrepresent your affiliation with any person or entity;
Copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit, modify, or otherwise distribute any material that contains software viruses, Trojan horses, worms, logic bombs, or any computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, network, hardware, or telecommunications equipment;
Use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Website;
Gain or attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any ProFrac server, or to any of the services offered on or through the Website, by hacking, password “mining”, or any other illegitimate means;
Probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;
Reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Website, or any ProFrac customer, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided by the Website;
Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or ProFrac’s systems or networks, or any systems or networks connected to the Website or to ProFrac;
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website; or
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to ProFrac on or through the Website or any service offered on or through the Website.

Submissions

ProFrac has the right to use, without any payment or accounting to you or others, any concepts, ideas, plans, creative materials, or other information which you (and those on your behalf) transmit to or through this Website, unless otherwise agreed in writing by ProFrac.

User Privacy

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Children's Privacy

This Website is not directed at children under the age of 13 and does not knowingly collect personal information from children under the age of 13. If ProFrac obtains actual knowledge that it has obtained personal information about a child under the age of 13, that information will be immediately and permanently deleted from ProFrac’s records.

Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part, without our express written consent.

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links To Other Websites

This Website may include links to other Internet websites that are beyond the control of ProFrac. ProFrac is not responsible for the content of any such sites, makes no representations regarding such sites, cannot guarantee their practices regarding data privacy, and does not necessarily endorse or approve of the information, material, products, and services offered by such sites. You acknowledge and agree that your linking to other sites, your use of such sites, and your use of any information, material, products, and services offered by such sites are solely at your own risk.

Limitation Of Liability And Indemnification

IN NO EVENT SHALL PROFRAC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PROFRAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS PROFRAC, ITS OWNERS, PARTNERS, AFFILIATES, AGENTS, AND EMPLOYEES AND THEIR RESPECTIVE OWNERS, SHAREHOLDERS, UNITHOLDERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF PROFRAC, ITS OWNERS, PARTNERS, AFFILIATES, AGENTS, AND EMPLOYEES, AND THEIR RESPECTIVE OWNERS, SHAREHOLDERS, UNITHOLDERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, DUE TO, ARISING FROM, IN CONNECTION WITH, OR RELATED TO YOUR USE OF THIS WEBSITE, THE MATERIAL THIS WEBSITE CONTAINS, ANY SITES LINKED TO THIS WEBSITE, AND YOUR VIOLATION OF ANY LAW, RULE, OR REGULATION.

SHOULD ANY OF THE ABOVE PROVISIONS BE HELD UNENFORCEABLE FOR ANY REASON, IN WHOLE OR IN PART, THE TERMS SHALL BE MODIFIED TO THE EXTENT REQUIRED BY LAW TO MAKE THEM ENFORCEABLE, OR, IF NECESSARY, THE TERMS SHALL BE DEEMED TO BE AMENDED TO DELETE THE UNENFORCEABLE PART OR PROVISION, AND THE REMAINDER SHALL HAVE THE SAME FORCE AND EFFECT AS IF SUCH PART OR PROVISION HAD NEVER BEEN INCLUDED HEREIN. ALL OTHER TERMS AND CONDITIONS WILL REMAIN IN EFFECT IN THE EVENT ANY PROVISION SHOULD BE FOUND UNENFORCEABLE.

Compliance With Laws

This Website is operated from servers located in the State of Texas. You agree that your use of this Website will be in compliance with all relevant and applicable laws and regulations which shall include, but not be limited to, U.S. export control laws and executive orders. IT IS YOUR OBLIGATION TO VERIFY AND COMPLY WITH APPLICABLE LAWS AND REGULATIONS OF THE UNITED STATES AND OF THE STATE OF TEXAS CONCERNING YOUR USE OF THIS WEBSITE. You shall be fully responsible and liable for any violations of this paragraph and all relevant and applicable laws and regulations referenced herein.

ProFrac makes no representation regarding accessing the materials on this Website from jurisdictions where such content is illegal or prohibited. Users who choose to access this Website from other jurisdictions do so at their own risk and are responsible for compliance with local laws and regulations. ProFrac may terminate your access to this Website at any time and for any or no reason.

Applicable Law And Venue

All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver And Severability

No waiver by ProFrac of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ProFrac to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

How To Contact Us

If you have any questions or concerns about this Website or its implementation, you may contact us at:

ProFrac Holdings, LLC
333 Shops Blvd.
Suite 301
Willow Park, TX 76087
Email: legal@profrac.com