Terms

TERMS OF USE

Last modified:  March 28, 2019

Welcome to the Target Hospitality Corp. (collectively with its affiliates and subsidiaries, "TH", "we" or "us") website (the "Site"). This terms and conditions page governs the terms upon which you may access and use our Site (including any content, functionality and services offered on or through our Site). By visiting our Site, you accept and agree to be bound and abide by all of the following terms and conditions and our Privacy Policy, found at Privacy Policy, which is incorporated herein by reference. You must not access or use our Site if you do not agree to these terms or the Privacy Policy, or if you are under the age of 13 or a California resident under the age of 16.  These terms may be updated and otherwise changed by us from time to time without notice. All updates and other changes are effective immediately when we post them. By continuing to access or use the Site following such posting, you accept and agree to such updates and other changes. Also, services and product offerings will vary by customer, location and contract, and may be changed by us at any time.

1. Ownership of Copyrights, Trademarks and Other Intellectual Property. You acknowledge that TH, its licensors or other providers own all right, title and interest (including all copyright and other intellectual property rights) in and to this Site and all materials provided on this Site (including all content, features, functionality, information and software, and the design and arrangement thereof), unless otherwise expressly indicated. All rights are reserved by TH, its licensors and other providers, and you agree not to modify, create derivative works of, copy, reproduce, download, disseminate, distribute, publicly display or perform, publish, republish, transmit or transfer any of the materials on our Site in any form or by any means, except with our prior written permission, or as permitted by us in a separate written agreement.

The names “Target Hospitality” and “Target Lodging”, the terms “Rest Assured”, “Economics of Comfort”, “The Frac Shack” and “Target Culinary”, the logos , and , and all other trademarks, service marks, names and logos that TH may own or claim any right to from time to time, are the trademarks of TH. Any other trademarks, service marks, names and logos on this Site are the trademarks of their respective owners. References on our Site to any third party product, process, service, trade name, trademark, service mark or manufacturer does not constitute or imply any endorsement, approval, recommendation or favoring by, or association with, TH. Moreover, such third parties do not endorse or sponsor, and are not affiliated with, TH.

2. Prohibited Uses. You may not access or use any part of, or any services or materials available through, this Site (a) for any commercial purposes, (b) in a manner that violates law or regulation, or for any unlawful purpose, (c) in a manner that may harm us or users of our Site, or expose them to liability, (d) to monitor or otherwise track any behavior on our Site, (e) in a manner that disables, overburdens, damages or impairs our Site, or interferes with the proper working of our Site or any access or use thereof, (f) to introduce any viruses or other malicious material, (g) to gain unauthorized access thereto or any server, computer or database connected to our Site. We have the right to terminate or suspend you access to our Site, and take appropriate legal action for any illegal or unauthorized use of our Site.

3. Limitations. We cannot and do not guarantee the security of this Site, that this Site is free of viruses or other malicious material, or the accuracy, completeness, usefulness, efficacy, timeliness, or correct sequencing of information on this Site. Any reliance you place on such information is strictly at your own risk. In addition, we have no duty to update the information contained on our Site, and we are not liable to you for out-dated, incomplete or incorrect information contained herein. Moreover, we reserve the right at any time to modify, suspend, restrict access to or discontinue the Site (or any part thereof, or material or service thereon) without notice, and we are not liable to you or any third party for any modification, suspension or interruption of this Site (or any part thereof, or material or services thereon) for any reason at any time or for any period. THIS SITE, ITS MATERIALS AND ANY SERVICES OBTAINED THROUGH THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND NO GUARANTEES OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, PERFORMANCE, INFORMATIONAL CONTENT, ACCURACY, OR SYSTEM INTEGRATION) ARE MADE WITH RESPECT TO THIS SITE, INCLUDING THE INFORMATION CONTAINED ON THIS SITE. IN NO EVENT SHALL TH OR ITS AFFILIATES, OR THEIR LICENSORS, EMPLOYEES, DIRECTORS OR AGENTS, BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, OR LOSS OF REVENUE, BUSINESS, DATA OR USE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THIS SITE (OR ANY MATERIALS ON, SERVICES THROUGH, OR WEB SITES LINKED TO, THIS SITE) OR RELIANCE ON ANY INFORMATION CONTAINED HEREIN, EVEN IF TH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

3. Links to Other Web Sites; Social Media. Solely as a convenience to you, we may provide links to other web sites at certain places on our Site (including links contained in advertisements and sponsored links); we do not endorse, approve, certify or control any of those web sites or their contents. You acknowledge and agree that we are not responsible for the web sites and the content of the sites, for any loss or damage that may arise from your use of the foregoing, or for the availability, accuracy, completeness, efficacy or timeliness of those sites or information contained thereon. Use of and any reliance on those sites or any information obtained from those sites is at your own risk, and subject to the terms and conditions of use for such sites. You may not link to our Site without our prior written consent. We may provide social media features with certain content (such as linking from third-party web sites to certain content on this Site, or causing certain content to be displayed on third-party web sites). You may use these features solely as they are provided by us. We may disable any or all social media features or any links at any time without notice.

4. Governing Law and Jurisdiction; Arbitration. Any dispute with respect to, arising from or related to our Site or these terms shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any conflicts of laws rules. All visitors to our Site submit to the exclusive jurisdiction of the federal courts of the United States or courts of the State of Texas. You waive any and all objections to the exercise of jurisdiction over you by such courts, and to venue in such courts. At our sole discretion, we may require you to submit any disputes arising from use of the Site or these terms and conditions (including disputes arising from or concerning their interpretation, violation, invalidity, non-performance or termination) to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying the laws of the State of Texas.

5. No Effect on Agreements. This Site shall be used for informational purposes only, and nothing on our Site shall be construed to add or modify terms to any existing or future agreements with TH.

6. Indemnification. You agree to defend, indemnify and hold harmless us, our licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these terms and conditions, or your use of the Site (including any use of the Site's content other than as expressly authorized in these terms, or your use of any information obtained from the Site).

7. Notices. In our discretion, we may provide notices of changes to these terms and conditions or other matters by displaying notices or links to notices generally on our Site.

8. Waiver and Severability. No waiver by us of any term or condition set out herein 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 by us 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 and conditions 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 hereof will continue in full force and effect.

9. Information About You. All information we collect on this Site is subject to our Privacy Policy, found at Privacy Policy.  By accessing or using this Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.