Digital Wildcatters Terms of Use

Effective Date: May 28, 2025

These Terms of Use (“Terms”) govern your access to the websites, applications, and online platforms that link these Terms and are operated by Digital Wildcatters, Inc. (“Digital Wildcatters”), including the Collide site and mobile app (collectively the “Site”).  BY ACCESSING OR USING THE SITE, YOU (“YOU”) AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS.  IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE SITE.

We may modify these Terms at any time.  All changes will be effective immediately upon posting to the Site.  Material changes will be conspicuously posted on the Site or otherwise communicated to you.  By using the Site after changes are posted, you agree to those changes.

  1. Eligibility.  YOU MUST BE AT LEAST THIRTEEN (13) YEARS OLD TO USE OUR SITE.  BY ACCESSING, USING AND/OR SUBMITTING INFORMATION TO OR THROUGH OUR SITE, YOU REPRESENT THAT YOU ARE NOT YOUNGER THAN 13. IF YOU ARE UNDER EIGHTEEN YEARS OLD (18) YOU REPRESENT THAT YOU HAVE RECEIVED PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO USE THIS PLATFORM AND AGREE TO COMPLY WITH THESE TERMS.  IF YOU ARE THE PARENT OR LEGAL GUARDIAN AND CONSENT TO YOUR MINOR CHILD’S ACCESS TO AND USE OF OUR SITE, YOU AGREE TO BE BOUND BY THESE TERMS ON BEHALF OF YOURSELF AND YOUR MINOR CHILD.
  2. Accounts.  To access and use certain areas or features of the Site, you will need to register for a Collide account.  By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Site on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Site or your account.  You further understand and agree that we may take actions we deem reasonably necessary to prevent, respond to, pursue or remedy suspected or actual fraud and abuse, including without limitation, termination or suspension of your account.
  3. Content.  The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the “Content”) are exclusively the property of Digital Wildcatters or, as applicable, its vendors or licensors.  Except for the rights expressly granted to you in the next section, Digital Wildcatters reserves all other rights in and to the Site and Content, including all intellectual property rights.
  4. Use Rights.  You may only use the Site or Content for your personal, non-exclusive use, so long as you comply with these Terms and all other terms posted throughout the Site as applicable to you, and all applicable local, national, and international laws and regulations.  You may only use the Site and the Content for their intended purposes for which they are made available to you by Digital Wildcatters.
  5. No Guarantee of Results.  Digital Wildcatters does not guarantee specific results, including but not limited to sales, leads, or traffic increases.  Any claims shared on our Site are for informational purposes only and may not reflect your experience.  
  6. Use of Marks.  Digital Wildcatters owns certain trademarks, names, logos, insignia, or service marks (“Marks”).  You do not have the right to use any Marks except as expressly agreed to in writing by Digital Wildcatters.  In addition, the Site may contain third-party marks and third-party copyrighted materials, which are the property of their respective owners.  Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third-party’s consent.  Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Digital Wildcatters or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.
  7. Compliance with Laws.  In connection with your access to and use of the Site,you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct. 
  8. Restrictions on Your Use of the Site.
    • You will not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or Content without Digital Wildcatters’ prior written consent.
    • You will not use the Site for unlawful purposes.
    • You will not submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud or falsify information in connection with your use of the Site.
    • You will not engage in data mining or similar data gathering or extraction activities from the Site.  You will not use the Site to harvest email addresses, names, or other information of the users of the Site or to spam other users of the Site.
    • You will not access, use, or copy any portion of the Site or Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
    • You will not use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Site, the servers used to make the Site available, or any other network, computers, hardware, software or systems.
    • You will not engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult.
    • You may not frame, mirror, or circumvent the navigational structure of any part of the Site.
    • You may not upload, distribute, or transmit, or post anything to or through the Site that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another; or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.
    • You may not engage in any conduct while using the Site that Digital Wildcatters considers inappropriate, unauthorized, or contrary to the intended purpose of the Site.
  9. User Submissions.  You may upload, post, or share content (“Submissions”) on the Site. By making Submissions, you represent and warrant that you own or have obtained all rights and permissions to upload the Submission to the Site, and that the Submission does not infringe on any third-party rights, including intellectual property rights or privacy rights under local law.  You grant Digital Wildcatters a non-exclusive, irrevocable license to use, distribute, and publicly display any Submission you upload to the Site in our discretion and without attribution or compensation to you.  You agree that all Submissions will comply with these Terms and applicable law, and that you are responsible and liable for any Submission you make.  
  10. Communication Features.  The Site may include features that allow you to communicate with other users.  By using these communication features, you agree that you will not: (1) use the Site to send any unlawful, threatening, harassing, defamatory, obscene, or otherwise, objectionable messages; (2) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or organization; (3) disclose or share private, confidential, or sensitive information about another individual without proper authorization or legal basis; and (4) interfere with, disrupt, or negatively impact the experience of other users, including excessive messaging, misuse of chat tools, or inappropriate conduct.  Digital Wildcatters reserves the right to monitor communications made through the Site and to suspend or terminate access for any violation of these Terms.  Digital Wildcatters will have no liability related to any communication made using the Site.
  11. Mobile Use. Your contract with your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using the Site on your mobile device.  You understand that your Mobile Provider may charge you fees for your use of its network connection services while accessing or using the Site, for data downloading, e-mail, text messages, for roaming, and other Mobile Provider or third-party charges.  YOU ACCEPT RESPONSIBILITY FOR ALL MOBILE PROVIDER FEES.  
  12. Social Media.  Links to Digital Wildcatters’ social media pages (e.g. Facebook, Twitter, LinkedIn, and YouTube) may be included on the Site (“Social Media Pages“).  Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect Digital Wildcatters’ views.  We reserve the right to remove anything from our Social Media Pages, in our sole discretion.  We may also take steps to block users from access to our Social Media Pages who violate these Terms.  If we follow, like, favorite, share, or re-post an individual’s content on our Social Media Pages, that is not an endorsement by Digital Wildcatters of that third party or any service or company they represent. 
  13. No Professional Advice.  The Site and information provided are intended solely as a tool and for general informational purposes.  They are not intended to provide legal, professional, or energy industry advice, and Digital Wildcatters will have no liability related to any information provided through the Site.
  14. Feedback.  Digital Wildcatters welcomes your comments, feedback, information, or materials regarding our Site (collectively, “Feedback”).  Your Feedback will become property of Digital Wildcatters upon your submission to the Site. By submitting your Feedback to the Site, you agree to assign, and hereby irrevocably assign to Digital Wildcatters, all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis.  Digital Wildcatters will be free to use, copy, distribute, publish and modify your Feedback on an unrestricted basis, without compensation to you.  Moreover, you hereby assign or waive, as the case may be, any moral rights that you may have in or to the Feedback.
  15. AI Features Representations.  The Site may include features powered by artificial intelligence (“AI”).  You agree and understand that these AI features are not intended to replace professional judgment, responsibility, and due diligence, and represent and warrant that you are responsible for checking all AI-generated interaction with human review before relying on them or sharing them with other parties.  You also agree and acknowledge that your Submissions to the AI features and data generated through your use of AI features may be used to train and improve an internal AI model. 
  16. NO WARRANTY.  THE SITE AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIGITAL WILDCATTERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND CONTENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM STATUTE, SUCH AS COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. 

    DIGITAL WILDCATTERS MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL CONTENT ON THE SITE IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED.  DIGITAL WILDCATTERS DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE OR CONTENT.  DIGITAL WILDCATTERS DOES NOT WARRANT OR GUARANTEE THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE OR CONTENT WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY CONTENT. 
  17. LIMITATION OF LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DIGITAL WILDCATTERS OR ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, VOLUNTEERS, AGENTS, SUPPLIERS, ATTORNEYS OR LICENSORS (TOGETHER, “DIGITAL WILDCATTERS PARTY(IES)”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A DIGITAL WILDCATTERS PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.

    YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE OR CONTENT. 

    WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE DIGITAL WILDCATTERS PARTIES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE. 

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
  18. INDEMNIFICATION.  YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE DIGITAL WILDCATTERS PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SITE OR ANY CONTENT, AND (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SITE.  WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).  
  19. Third-Party Websites and Content.  The Site may link to, or be linked to, websites not maintained or controlled by Digital Wildcatters.  Those links are provided as a convenience to the visitors of our Site.  Digital Wildcatters is not responsible for examining or evaluating the content or accuracy of third-party websites linked through the Site.  Digital Wildcatters does not warrant or endorse any third-party website or any products or services made available through those websites.  When leaving the Site, it is the terms and privacy notice of that third party that govern your use of the third-party site (and such third-party’s use of your personal information), not these Terms. 

    The Site may also contain certain third-party Content.  We provide third-party content for your convenience, not as an endorsement.  The presence of third-party Content does not mean that Digital Wildcatters has reviewed the third-party Content or that there is any association between Digital Wildcatters and any third party.  You access third-party Content at your sole risk.  Digital Wildcatters has no responsibility for any third-party Content.  Nothing in these Terms grants you any rights to any third-party Content.
  20. Linking to the Site.  You are prohibited from linking to the Site on your website or elsewhere without the prior express written consent of Digital Wildcatters.  If Digital Wildcatters grants you a right to link to the Site, certain terms may apply, and Digital Wildcatters reserves the right to revoke such consent at any time.  You are responsible for any costs incurred by Digital Wildcatters in enforcing its rights under this Section.  
  21. Use in the United States.  The Site is intended for use in the United States only.  We do not guarantee that use of the Site will be available or permitted in any location other than the United States.  If you choose to access the Site from a location other than the United States, you do so at your own risk.  THE EXISTENCE OF THE SITE OR ANY CONTENT SHALL NOT BE CONSTRUED AS DIGITAL WILDCATTERS OR THE DIGITAL WILDCATTERS PARTIES OFFERING SUCH SITE OR CONTENT TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH SITE OR CONTENT IS PROHIBITED BY LAW.
  22. Termination.  If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Site or Content, and we may restrict your access to your Account or the Site or Content.  Digital Wildcatters may suspend or terminate your use of the Site or any Content, in whole or in part, at any time in its sole discretion for any reason.  Digital Wildcatters shall not be liable to you or anyone else for any damages arising from or related to Digital Wildcatters’ suspension or termination of your use or access to the Site or the Content, or in the event Digital Wildcatters modifies, discontinues or restricts the availability of your use the Site or the Content (in whole or in part).
  23. Site Unavailability.  Without limiting the generality of the previous section, the Site or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.
  24. Cooperation with Law Enforcement.  Digital Wildcatters will cooperate with law enforcement if you are suspected of having violated applicable laws.  YOU WAIVE AND HOLD DIGITAL WILDCATTERS AND THE DIGITAL WILDCATTERS PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
  25. Governing Law.  These Terms will be governed by and construed, interpreted, and enforced in accordance with the State of Texas without reference to its conflicts or choice of law principles.  Any arbitration or court proceeding will take place in the State of Texas in the County of Harris and you hereby consent to the exclusive jurisdiction and venue of the state or Federal courts in the State of Texas in the County of Harris.  You irrevocably submit and consent to the personal jurisdiction of such courts.  Any cause of action or other claim brought by you with respect to the Site or Content must be commenced within one year after the cause of action or claim arises.
  26. Dispute Resolution.  To the extent feasible, the parties desire to resolve any disputes regarding these Terms or the Site (each, a “Dispute”) through discussions and negotiations between each other.  The parties agree to attempt to resolve any Disputes by negotiation with the other party (by phone, electronic correspondence, or written correspondence).  To provide this opportunity to resolve any Dispute, before commencing any suit, each party agrees to send to the other party a written Notice (“Notice”).  Any Notice to Digital Wildcatters should be sent by mail to Digital Wildcatters Inc, 1410 Brittmoore Rd, Suite 302, Houston, TX 77043 or by email to support@collide.io.  The Notice must: (i) include your name and; (ii) provide detailed information sufficient to evaluate the merits of the claiming party’s individualized claim and for the other party to determine if an amicable resolution is possible; and (iii) set forth the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages.  If we are not able to resolve any Dispute ourselves, either party may pursue formal legal remedies.  
  27. Assignment.  We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you.  You may not assign your rights or delegate your duties under these Terms without our prior written consent.  These Terms inure to the benefit of Digital Wildcatters’ successors and assigns.
  28. Entire Agreement.  These Terms and any terms posted throughout the Site (if any) are the entire agreement between you and Digital Wildcatters with respect to your access to and use of the Site. 
  29. Waiver.  Digital Wildcatters’ failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision.  Any waiver of any provision of these Terms will be effective only if in writing and signed by Digital Wildcatters. 
  30. Severability.  If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect.  The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. 
  31. Electronic Communications.  These Terms and any other documentation, agreements, notices, or communications between you and Digital Wildcatters may be provided to you electronically to the extent permissible by law.  
  32. Contact Us.  Please direct any questions and concerns regarding these Terms to us at support@collide.io