TERMS OF SERVICE

 1. ACCEPTANCE OF TERMS

Coastal Flow Measurement, Inc. and its affiliates (Coastal Flow Measurement Companies) provides its service to you ("You" or "Customer") subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.coastalflow.com/TermsOfService.html. Coastal Flow may also offer other services that are governed by different Terms of Service. Your use or access to the Service (defined below) constitutes your acceptance of the TOS.

 2. DESCRIPTION OF SERVICE

Coastal Flow Measurement Companies provides users with web access to a rich collection of information including oil and gas flow data and well data. Upon request, Coastal Flow may provide alerts and/or alarms when flow conditions exceed unacceptable limits (the "Service"). You also understand and agree that the Service may include certain communications from Coastal Flow, such as service announcements, administrative messages and a Coastal Flow newsletter, and that these communications are considered part of the agreement for using the Service and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Coastal Flow assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any information.

 3. COASTAL FLOW PRIVACY POLICY

Data and certain other information about Coastal Flow customers is subject to our Privacy Policy. For more information, please contact us for a full copy of such Privacy Policy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, organization on its websites and use by Coastal Flow and its affiliates. You acknowledge, consent and agree that Coastal Flow may access, preserve and disclose your account information and any data, text or other materials ("Content") collected by Coastal Flow if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content, or the collection thereof, violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Coastal Flow, its affiliates and users.

 4. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Coastal Flow of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Coastal Flow cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

 5. SECURITY MEASURES

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Coastal Flow and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

 6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

Coastal Flow does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Coastal Flow the following worldwide, royalty-free and non-exclusive license(s), as applicable: With respect to Content you have submitted or made available for inclusion on accessible areas of Coastal Flow's website, the license to use and display such Content on the Service solely for the purposes to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Coastal Flow removes such Content from the Service.

 7. INDEMNITY

You agree to indemnify and hold Coastal Flow and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

 8. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Coastal Flow ID), use of the Service, or access to the Service.

 9. MODIFICATIONS TO SERVICE

Coastal Flow reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Coastal Flow shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

 10. TERMINATION

You agree that Coastal Flow may, under certain circumstances and without prior notice, immediately terminate your Coastal Flow account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Coastal Flow account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Coastal Flow's sole discretion and that Coastal Flow shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

 11. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Coastal Flow has no control over such sites and resources, you acknowledge and agree that Coastal Flow is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Coastal Flow shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

 12. COASTAL FLOW'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Coastal Flow or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

 Coastal Flow grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Coastal Flow for use in accessing the Service.

 13. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a.        YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COASTAL FLOW AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b.        COASTAL FLOW AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c.        ANY MATERIAL DOWNLOADED, EXPORTED INTO SPREADSHEETS OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d.        NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COASTAL FLOW OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

e.        A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY.

 14. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT COASTAL FLOW AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU 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 COASTAL FLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

 15. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.

 16. NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

 17. NOTICE

Coastal Flow may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.

 18. TRADEMARK INFORMATION

The COASTAL FLOW, Coastal Flow logo, FLOW-CAL, FLOW-CAL LITE, FLOW-CAL DESKTOP, FLOW-CAL ENTERPRISE, FLOW-CAL CLIENT SERVER, PROVE-IT, BIRDDOG REMOTE DATA RETRIEVAL SERVICE trademarks and service marks and other Coastal Flow logos and product and service names are trademarks of Coastal Flow Measurement, Inc. or its subsidiaries and affiliates (the "Coastal Flow Marks"). Without Coastal Flow's prior permission, you agree not to display or use in any manner the Coastal Flow Marks.

 19. GENERAL INFORMATION

Entire Agreement. Unless otherwise agreed in writing by you and Coastal Flow, the TOS contains the entire agreement between you and Coastal Flow with respect to the matters contained herein.

Choice of Law and Forum. The TOS and the relationship between you and Coastal Flow shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and Coastal Flow agree to submit to the personal and exclusive jurisdiction of the courts located within Houston, Harris County, Texas.

Waiver and Severability of Terms. The failure of Coastal Flow to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your Coastal Flow account is non-transferable and any rights to your Coastal Flow ID or contents within your account terminate upon your death (or if a non-natural person, upon dissolution or termination).

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Headings. The section titles in the TOS are for convenience only and have no legal or contractual effect.