Terms of Use Agreement

Proppant Today, LLC User Agreement

Proppant Today, LLC (“Proppant Today”), is an Illinois limited liability company with its principal place of business in Kane County, Illinois and offices in Chicago, IL and New York, NY. Proppant Today makes available market research relative to the proppant industry and compiles a report regarding same (the “Report”). The Report is available to an authorized user (“User”). By completing the registration process, User agrees to be legally bound by the terms and conditions set forth in herein (the “User Agreement”). The information in the Report is for the exclusive use of User, or if User is a business, for the exclusive use of individuals within such enterprise subject to the terms and conditions of this User Agreement.

The Report is published in electronic format using Adobe’s Portable Document Format (PDF).

By clicking the “I Agree” button, the User agrees to all of the terms and conditions set forth herein.

1. Copyright; Limitations on Use.The Report is copyrighted by Proppant Today and all rights reserved. Any unauthorized reproduction, distribution or redistribution of the Report or any portion thereof without the express written permission of Proppant Today is strictly prohibited, and may subject any violator to civil and/or punitive damages.

2. Individual Use License. The purchase of the Report via an Individual Use License entitles User to print a single copy of the Report with searchable text. Other than the single printed copy, no part of the Report may be reproduced, stored, or redistributed in hardcopy or machine readable form, or otherwise without prior written permission from Proppant Today. Additional Users can be added at the time of purchase of an Individual Use License for the additional fee as set forth below. Additional Users are authorized to receive an additional print copy of the Report up to the number of additional authorized Users selected at the time of purchase, provided that such individuals are also employees of the organization which employs the purchasing individual. Any other reproduction of the Report whether print, electronic, or other form is strictly prohibited. No part of the Report in any form can be provided or made available to a third party.

3. Enterprise Use License. The purchase of the Report via an Enterprise Use License entitles User to print, share and store multiple copies of the Report within the organization purchasing the Report. An Enterprise Use License allows limited copying of portions of the Report for inclusion in the purchasing User’s written memoranda, reports and presentations prepared by such User. Any distribution of User’s documents which include any portion of the Report copied in any form are to be used by such User for internal purposes only. Proppant Today must be cited as the source of the information included in any such material. No part of the Report in any form can be provided or made available to a third party.

4. Protection from Unauthorized Use. The purchasing User shall use all reasonable efforts to prevent the unauthorized use of the Report or any portion thereof as well as inform authorized Users of the restrictions on the use thereof as set forth herein.

5. This User Agreement is governed by the laws of the State of Illinois and any dispute shall be resolved in the Circuit Court of Kane County, Illinois

6. Disclaimer. The Report has been prepared to provide summary information to the User for informational purposes only. The information contained in the Report is not a substitute for a thorough due diligence investigation. Proppant Today makes no warranty or representations as to the accuracy, completeness, relevancy, suitability, or validity of any information in the Report and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. The information contained in the Report has been obtained from sources Proppant Today believes to be reliable; however, Proppant Today has not verified, and will not verify, any of the information contained in the Report. All Users must take appropriate measures to verify all of the information set forth in the Report.

PROPPANT TODAY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL PROPPANT TODAY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE REPORT OR ITS USE.

7. Fee Schedule. As of June 15, 2015 the Report is available under the following fee schedule:
   Individual User License: $5,000. Each additional Individual User Licenses for the same company as original User: $500
   Enterprise User License: $7,500

8. Refund Policy. Because our transactions involve proprietary informational content, there are no refunds available.