Website Terms and Conditions

These terms and conditions (the “Terms”) apply when you access the website https://www.newpark.com, including the home page, micro-sites, splash page and all other pages under the same top level domain name, and all third-party websites branded by Newpark (the “Website”).

Any reference to “we”, “us” or “our” in these Terms is a reference to Newpark Drilling Fluids LLC, registered in Texas, the United States, under registration number 800755612, and its subsidiary companies. Any reference to “you” or “your” means you, the user of the Website.

By using the Website, you agree to be bound by these Terms and to comply with them. If you do not agree to these Terms, you should not access or otherwise use the Website.

In the course of using the Website you may be asked to provide, and we may collect and process certain information about you and your use of the Website. We will only use your personal information as set out in our Privacy Policy [insert as link to Website’s privacy policy]. By using the Website, you agree to be bound by the Privacy Policy and you acknowledge and agree that you are solely responsible for the accuracy, content and updating of your personal information.

We may change these Terms from time to time without notice to you, by posting such changes on the Website, so please review these Terms to ensure you understand them each time you visit the Website. By using the Website following any modification to the Terms, you agree to be bound by any such modification to the Terms.

Information provided by you

You are solely responsible for any information or materials submitted by you through the Website, whether names, contact details, or other personal information, including through contact forms on the Website, and all other materials, information or data of any kind and in any format and other content you upload, post, transmit, distribute or otherwise publish through the Website (“User Information”).

By submitting User Information to the Website you represent and warrant that the User Information is original to you and that no other party has any rights to it, or that you have obtained all required consents and permits to enable you to submit the User Information to the Website and for it to appear on the Website.

Your conduct

You warrant and agree that you shall not:

(a) impersonate, or misrepresent your affiliation with any other person or entity;

(b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Website for commercial purposes (other than as expressly permitted by the provider of such information or other material);

(c) engage in spamming or flooding or any other activity which could be technically harmful to the Website or Linked Websites (including, without limitation, computer viruses, Trojan Horses, worms, corrupted data or other malicious or harmful software);

(d) attempt to gain unauthorised access to other computer systems through the Website;

(e) submit any User Information which is likely to prejudice any active legal proceedings of which you are aware.

Except as otherwise expressly permitted in these Terms, you may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Website itself or derivative works in relation to it, as the Website is copyrighted as a collective work under UK copyright laws.

You agree to indemnify us and hold us harmless from any and all claims, liabilities, costs and expenses, including reasonable legal fees and costs, arising in any way from your use of the Website, your breach of these Terms, or the placement or transmission of any message, information, software or other materials on or through the Website by you.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it, including all content, text, graphics, brand names, trade marks and the look and feel of the site. All such rights are reserved and nothing in these Terms will grant you any ownership or rights in such intellectual property or the data contained in them.

All trade marks, service marks, company names or logos are the property of their respective holders. Any use by you of these marks, names and logos may constitute an infringement of the holders’ rights.

Unless specifically prohibited by a notice published on any page, you may download and/or print a copy of such parts of the pages of the Website as you may reasonably require for your own personal, non-commercial use only, provided that any copy has attached to it the relevant proprietary notices and terms and conditions.

You must not modify the paper or digital copies of any materials you have downloaded and/or printed in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of the content on the Website must always be acknowledged (except where the content is user-generated). If you print off, copy, download, share or repost any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Our rights

We reserve the right to delay publication of User Information to the Website at all times for the purposes of our approval processes. We further reserve the right to remove any User Information or any other content from the Website at any time for any reason, without notice.

We have no obligation to monitor any content on or through the Website and we assume no such obligation. You acknowledge and agree, however, that we do retain the right to monitor the Website and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Website properly, or to protect ourselves or our users. We will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms.

We do not solicit nor do we wish to receive any confidential information from you through the Website, by email or in any other way. You agree and acknowledge that by using the Website, any and all communications and/or information transmitted by you to or through the Website will not be treated as confidential and that we are not under any duty of confidentiality in respect of any information or material which you provide to us through the Website, by email or in any other way.

Liability

By entering this site, you acknowledge and agree that the use of the Website is at your own risk and to the extent permissible by applicable law, in no circumstances, including (but not limited to) negligence, shall we be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit, loss of income, loss of data, loss of goodwill or loss of business that results from the use of, or inability to use the Website or any material on any site linked to the Website (including any viruses or any other errors or defects or failures in computer transmissions or network communications) even if we have been advised of the possibility of such damage.

In addition, no liability can be accepted by us in respect of any changes made to the content of the Website by unauthorised third parties. All express or implied warranties or representations are excluded

to the fullest extent permissible by law. We do not warrant that this site does not infringe any intellectual property rights of third parties.

To the extent permitted by law, we shall have no liability for any loss or damage suffered by you as a result of the use or disclosure of any of the User Information. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information. We are not responsible or liable to any third party for the content or accuracy of any User Information submitted by you.

Any software is downloaded at your own risk. If you are in any doubt as to the suitability of the software to be downloaded for your computer it is recommended that you obtain specialist advice before downloading it.

Links from and to the Website

The Website may include links to other websites or material which is provided by third parties (“Linked Websites”). You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by any Linked Websites. We have no control over the content of those Linked Websites and we accept no responsibility for the availability, suitability or content of such Linked Websites and nor do we review or endorse them or any views expressed within them. We do not author, edit, or monitor these Linked Websites. You acknowledge and agree that we are not 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 such Linked Websites. Further, you acknowledge that you are responsible for complying with the terms and conditions of use of the Linked Websites.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Website in any website that is not owned by you and nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice.

Website availability

To the extent permitted by applicable law, we do not warrant that this Website will be available at any time. We may suspend or withdraw the availability of all or any part of the Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

Accuracy

The information contained in this Website is based on up to date information and while we shall make all reasonable efforts to ensure that material on this site is correct, current and complete at the date of publication, accuracy cannot be guaranteed. We make no warranties or representations (express or implied) as to its accuracy, currency or completeness. We may change the information at any time without notice. You should take appropriate steps to verify all information on this site before acting upon it.

Severability

If any part of these Terms is, at any time, found to be invalid by a court, tribunal or other forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of these Terms. These Terms shall be deemed amended by modifying or severing such part as necessary to render them valid, legal and enforceable while preserving their intent, or if that is not possible, by substituting another provision that is valid, legal and enforceable that gives equivalent effect to the parties’ intent. Any such invalid or unenforceable part or parts shall be severable from these Terms, or the validity of the part(s) in question in any other jurisdiction shall not be affected thereby.

Assignment/Transfer

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

Complaints

If you wish to complain about any of the content on the Website, please contact us using the contact details available at https://www.newpark.com/contact-us.

Applicable Law

These Terms are governed by and shall be construed in accordance with the laws of the State of Texas. Non-contractual obligations (if any) arising out of or in connection with these Terms (including their formation) shall also be governed by the laws of the State of Texas. You agree to submit to the exclusive jurisdiction of the courts of the State of Texas as regards any claim, dispute or matter (whether contractual or non-contractual) arising out of or in connection with these Terms.