Help Wanted: Oil Patch Operators Need Quality Workers

Help Wanted: Oil Patch Operators Need Quality Workers

This spring, Lynn Helms, who has been North Dakota’s chief oil and natural gas regulator for nearly three decades, abandoned his usual bullish outlook toward the state’s more than 1 MMbpd of oil and 3 Bcf/d (85 MMcm/d) of gas production while speaking at a monthly webinar he holds for news media.  

In April and May, Helms was decidedly negative on current job and operating prospects in the oil patch. On a recent trip he had made to Denver, he reported on the large amount of shrinkage in Colorado’s once thriving oil and gas business, including many of the operators who are involved in North Dakota’s Bakken shale. Workforce issues permeate drilling and hydraulic fracturing (fracking) operations in the Bakken, he said 

Helms said that his sojourn to Colorado gave him a glimpse of the impact of the last three years on the oil and gas industry in the Rockies region. In 2019, Helms spent two full days meeting with operators and still missed several he wanted to meet with.

“This time it was possible to visit the entire Denver-based Colorado oil industry in less than two days and in two office buildings,” Helms said. “That is how much it has shrunk. I used to walk up and down 17th Street and into a dozen different buildings.” 

What Helms was experiencing is a significant shift of operators out of the Mile-High City to Houston and Dallas-Fort Worth, Texas.  

“From all of the people we did talk to, I got pretty much the same story: it is difficult to get workforce in the Rockies, and it is difficult to get capital, so they are looking at 1% to 2% production growth, and delaying the increase until the third-quarter 2022,” he said. All but one of the drilling rig operators have moved 90%-plus of their equipment to the Permian Basin, meaning the Rockies for the most part lack additional rigs. 

Colorado’s one operator with rigs has plenty of equipment, but it is limited by the fact it takes two months to complete training of a crew, which means six rigs a year that could be added by mid-2023, underscoring that rapid production growth won’t return soon to Colorado or North Dakota, Helms surmises. Operators don’t have a lot of options for turning around the situation, having earlier this year increased hourly wages by $10 and returned to long distance “super-commuters” for filling fracking crews. 

“We’re going to have to leverage the Career and Technical Education Academy process that was kicked off earlier in four cities in the Williston basin,” Helms said. “In this program we’re going to make an enormous effort to get juniors and seniors in high school to intern, get training and have the capability of going to work in oilfields the day after they get their diplomas. Over the long term, pretty much we are going to have to grow our own [workforce]. That is the page everyone’s on these days.” 

The Associated General Contractors of America, including those working in midstream energy projects, has reported this year that 81% of its members are having trouble filling skilled craft positions, shifting reliance for these skilled workers more and more to subcontractors.  

Officials at the global Houston-based software consulting firm Veriforce said this raises risks for energy operations and hiring outcomes.  

“What happens when [subcontractors] are not properly vetted?” asked Veriforce’s spokesperson Coleman Pyeatt. “Contractors risk the possibility of unqualified subcontractors and their workers creating hazardous working conditions, subpar project outcomes and reputational risk for themselves and their hiring client.” 

As most midstream operators are aware, subcontractors can be held to the same contractual obligations as prime contractors, including prequalification, verification and performance criteria.  

That is why most hiring companies now require contractors to implement qualification programs for subcontractors, according to Veriforce. In a time of more emphasis on subcontracting work to fill labor gaps, Veriforce urges “comprehensive and effective subcontractor management programs” to ensure safety requirements and worksite Occupational Safety and Health Administration (OSHA) compliance are met. 

Not so long ago, in the pre-pandemic years, the U.S. oil and gas industry was boasting about 10 million jobs, or 5.6% of the nation’s employment totals. Consulting giants like PricewaterhouseCooper (PwC) and IHS Markit Consulting Service were touting the unconventional oil, gas and chemicals sectors as a major U.S. job creator, supporting hundreds of thousands of new jobs.  

A decade ago, Helms’ North Dakota had the nation’s lowest unemployment rate and fastest growing worker income. PwC and others were predicting that America’s shale natural gas reserve could add more than a million manufacturing jobs by 2025. 

Today, the global view of the oil, gas and chemical sector’s job market is mixed at best with no shortage of studies and opinions coming from academia, energy employers and a host of business consulting firms. 

Volatility Concerns 

There are studies and analyses from trade associations, such as the Marcellus Shale Coalition and Western States Petroleum Association (WSPA), think tanks like RAND Corp., consultants like Deloitte and global workforce specialists like privately held, Houston-based Airswift, which regularly surveys the globe through more than 70 offices, 700 professionals and 7,000 contractors worldwide. 

Market volatility remains at the forefront of employees’ minds, leading to impacts on the uncertainty of employment conditions and locations, returns on major capital projects and future health scare implications, according to Callum Donaldson, oil and gas North American sales director at Airswift.  

“Oil and gas companies continue to face challenges,” Donaldson said. “What might worry oil and gas companies is that emerging markets are now competing for the same talent, and these new industries are advertising [or promising] more stable conditions.” 

With more than 15 years of experience in sales and recruitment, the last nine focused on the energy sector, Donaldson sees the U.S. job market today as “very busy.” In oil and gas there has been a “dramatic swing” over the last few years with the flipping of a stagnant market, when layoffs and pay decreases were commonplace, into one where candidates have “multiple job offers at the same time, are being actively canvassed while in employment and are getting pay raises across the board.”  

Based on Airswift’s 2022 Global Energy Talent Index (GETI) report, 61% of people in hiring manager roles expect salaries to increase by more than 5% in the coming year. 

Major North American pipeline companies, such as Calgary-based TC Energy and Dallas-based Energy Transfer Corp., don’t often talk publicly about their recruiting challenges, but both express confidence that they have a first-class workforce even with the current demographic and economic challenges. 

TC Energy runs a Total Rewards program to attract and retain employees, offering what a Canadian-based corporate spokesperson calls “competitive total rewards,” including challenging projects, the ability to make a difference and an environment “where you can dress casually and comfortably and support a high-performance workplace.”  

TC Energy’s ongoing efforts seek what the spokesperson calls “a wide range of candidates for all positions, including diverse backgrounds, opinions and skills to strengthen our teams and drive innovation.”  

TC Energy emphasizes that it operates five corporate offices, employing thousands of people in Calgary and Toronto, Canada; Houston; Charleston, West Virginia; and Mexico City.  

In addition, its field operations provide opportunities in hundreds of communities across seven Canadian provinces, 34 U.S. states and seven Mexican states. “Whatever the role, or the location, employees have the opportunity to develop their careers, and make what they do matter,” says the spokesperson. 

Energy Transfer does some of the same things, but is more circumspect about its programs, according to Texas-based spokesperson Vicki Granado, who says Energy Transfer is always on the lookout for recruiting and retaining top people in the pipeline space.  

“We don’t provide a lot of information,” Granado said. “We do conduct employee surveys to help guide our workplace policies, benefits, and leadership development programs and other programs aimed at attracting and retaining quality employees.” 

In California, Sacramento-based WSPA spokesperson Kevin Slagle noted that despite efforts by Gov. Gavin Newsom and other policymakers to de-emphasize oil and gas use, industry workers are generally “bullish” about the job market in the state and throughout the West.  

“We need, and are attracting to our industry, hard-working innovators who want to be a part of the important energy evolution,” Slagle said. “The work to produce affordable, reliable energy – in all its forms – will provide great careers for a long time to come.” 

As the GETI results and other analytical work in the industry have shown, the recent years of unprecedented upheaval have modified behavior and expectations in the workforce generally, and companies have reacted with a mixed bag of programs, leaving more questions than answers at this point.  

GETI survey officials have questioned whether company brands, values and priorities are still aligned with their workers. And what relevance does this question have for oil and gas employers in particular? In the ongoing transformation of energy, where can the biggest gaps and overlaps in skills be expected? At this point there are no clear, widely accepted answers. 

Based on feedback from nearly 10,000 professionals in 161 countries, GETI underscored the oil and gas sector’s ongoing challenges from its digital transformation and energy source transition. This has spawned a “more mobile, multiskilled workforce,” making the age-old challenge of attracting and retaining the best talent increasingly more complex.  

“The prevalence of changing ways of working and digital skills also echo what we hear from candidates in the market,” said Airswift CEO Janette Marx. “Professionals want to feel they’re in the right place to make a difference and it seems like now many do.”  

The survey showed that 42% of respondents indicated their companies were changing direction, and of those, 82% agreed with the shift to meet the global energy transition. 

These are among the major challenges that the GETI and other studies are amplifying. While professional human resource experts say oil and gas companies have some inherent advantages in the current tight, very competitive job market, they also face challenges in levels of compensation, stability of the workplace, need for more skilled college graduates, regional talent shortages and growing shortages of candidates with “major project delivery skills.” 

High-Priority Jobs 

In 2017, California-based RAND Corp. examined workforce challenges in the prolific dry gas Appalachian region of the Marcellus and Utica shale plays in Ohio, Pennsylvania and West Virginia.

An offshore construction worker heating up line pipe prior to welding.

RAND’s four-person team aimed to document knowledge and skills required in jobs that are rapidly changing from technology advancements while assessing the readiness of colleges in the three Appalachian states to provide needed oil and gas industry workers and identify collaborative opportunities between academia and the industry. Nonpartisan RAND and the National Science Foundation produced the report for the Appalachian operators, “Developing a Skilled Workforce for the Oil and Natural Gas Industry.”  

RAND analysts focused on what they called “high-priority occupations” or jobs in high demand and critical to companies’ bottom-line performance. They surveyed and analyzed data from 67 oil and gas employers, followed up with in-depth interviews with a half-dozen of these employers and surveyed 87 heads of postsecondary education departments. The study found a gap between the industry and the postsecondary educational organizations. The recommendation was clear — more and better collaboration between the two sectors. 

“In addition to community colleges and private training institutes, four-year colleges and universities and other stakeholders, such as workforce investment boards and industry trade associations, need to be included in strategies for workforce development and planning,” the RAND study authors recommended. 

They acknowledged that the boom–bust volatility of oil and gas creates uncertainty for prospective and existing employees, but colleges are urged to adjust their programming so it fits better with what RAND called “the agile, flexible and nonlinear nature of workforce development.”  

Colleges need to provide more work-based learning opportunities with more hands-on experiential learning, according to the authors, Robert Bozick, Gabriella Gonzalez, Cordaye Ogletree, and Diana Gehlhaus Carew. 

Among a trio of conclusions, the RAND analysts noted that “there is a clear lack of collaboration and partnerships between oil and gas companies and education providers,” and the education providers tend not to emphasize basic cross-over skills such as time management, speaking and writing. “Employers report these are essential for their workers to perform competently in high-priority jobs.”  

Finally, a “sizable number” of the priority jobs require bachelor’s degrees, long-term training and more than five years of work experience, according to RAND. 

In the pre-pandemic (2019) period, researchers at the University of Houston (UH) and the Environmental Defense Fund (EDF) conducted a survey among oil and gas workers divulging that existing and potential workers in the industry take seriously corporate social responsibility (CSR) and environmental stewardship.  

“The findings suggest that environmental stewardship plays an important role in job choices,” according to highlights from 608 respondents in the study released by the Hobby School of Public Affairs and UH Energy in 2018. 

More than four of five survey respondents (83.5%) view a company’s CSR standards as either “very important” or “important” in their employment decisions, and more than half (54.6%) indicated a company’s environmental stewardship practices were “top priority.”  

Respondents were more likely to take a drilling company job with a company that is a leader in environmental impact mitigation than to take a similar, higher-paying job with a competitor that is criticized for not meeting mitigation standards.  

“More than nine out of 10 (93.7%) respondents think the United States should use either ‘much more’ or ‘somewhat more’ renewable energy,” the UH-EDF survey found. 

Rebuilding Phase  

Oil and gas operators are still in a rebuilding phase. During the pandemic (March to August 2020), a Deloitte study showed the industry slashed 107,000 jobs, and sinking global oil prices meant that for every $1/barrel drop in price, 3,000 upstream jobs were lost.  

Current prices topping $100/bbl, however, have helped accelerate job recovery beyond what Deloitte was predicting only 18 months earlier. In May, the U.S. Energy Information Administration (EIA) Short-Term Energy Outlook called for U.S. oil production to continue to climb and prices to stay above $100/bbl in 2022, meaning job demands should stay strong.

A welder at the construction site of a pipeline project.

Nevertheless, in its “The Future of Work in Oil, Gas, and Chemicals,” Deloitte noted that “the industry’s reputation as a reliable employer has been challenged following big layoffs and heightened cyclicality in employment triggered by recent subsequent downturns and the pandemic.”  

Deloitte analysts offered optimism that the oil and gas/chemicals sectors would eventually “reboot and revitalize” based on their historic fostering of “human ingenuity, innovation and grit.” 

Sources like Deloitte and the global GETI studies underscore that there may be a misalignment between the speed of the global transformation in oil and gas and chemicals and companies’ shifts to catch up with the transition.  

Deloitte cited examples of this — small amounts (1% to 2%) of oil and gas capital expenditures went to green energy projects in 2019 and less than 15% of industry job postings were looking for analytical/mathematics majors in an era of digitalization throughout U.S. industries.  

It also concluded that nearly half (45%) of the oil and gas personnel are tenured and targeted to retire in the next five to seven years, during a time when the numbers of petroleum engineering college majors have dropped 15% to 20%, according to Deloitte’s study. 

These gaps come at a time when GETI’s work this year showed oil and gas companies badly in need of more qualified, highly skilled college graduates, at a time when the industry counts those type workers as only 4% of its current overall workforce.  

“That’s a gap that needs to be filled,” said Airswift’s Donaldson. “We are experiencing a significant talent shortage in the Permian Basin region. This has always been a boom–bust region, but we now expect to see rotation packages offered [to workers] to shuffle in talent from neighboring states.” 

Based on years of experience in analyzing oil and gas and other workforce environments globally, Airswift officials see the latest results of GETI as indicating that the best recruitment and management replacement programs develop when operating companies allow third-party consultants to “build a close relationship” with line management, to obtain a more realistic understanding of the organizational culture.  

“Culture makes a big difference in gaining that edge in recruitment,” Donaldson said.  

Examples often cite exemplary workforce programs in the energy industry at companies like ENI, XTO, Occidental Petroleum Corp. and Shell plc. Elsewhere there are models found in firms like Nutrien, eVanik, Rohm and Brightmark. 

Deloitte executives mirrored these thoughts in their 2022 study that called for more “organizational agility” going forward, challenging traditional ways of functioning and working with partners. Deloitte sees the current tumult as an opportunity for companies to reposition themselves.  

“This is the time for strategists to make bold choices that affect the work of tomorrow, and to adopt redesigned, cyber-physical teams and embrace a digital workplace culture as a basis for future innovation,” said Kate Hardin, executive director of Deloitte’s Research Center for Energy and Industrials. 

‘Massive Demand’  

In 2022’s tight labor markets, oil and gas companies hold some inherent advantages in attracting new technical talent given the companies’ experience in regularly delivering multimillion-dollar and billion-dollar projects on time, on budget and with the appropriate environmental impact mitigation measures.  

“As the oil and gas companies transition to carbon neutrality, I believe they have the track record to show that multibillion-dollar projects will be delivered, giving them a strong reputation in the market for candidates who want to make a difference,” Donaldson said. 

The GETI report revealed that more than half of the energy transition workforce is younger than 35, and Donaldson notes that Airswift has seen what he calls “massive demand” for transitioning oil and gas workers into these emerging U.S. markets, “since many of the skills these workers possess are transferable, such as engineering, construction, safety and project control.”  

He said with the offshore wind market picking up in the United States, these projects are looking at the oil and gas offshore workforce as “their main pool of talent.” 

GETI examined 25 different permanent and contract positions from accountants and administrators to reservoir and welding engineers, tracking their average pay across all the continents. More than North America, Europe or Asia, what the researchers classify as “Australiasia” by far holds the highest salaries for the 25 different jobs, which may be an offshoot of the fact that survey respondents still favor Europe, the Middle East and Asia, in that order, as places to work.  

“Looking at salaries [in 2022], one thing is immediately obvious versus last year – the oil and gas sector is back,” the GETI survey authors noted. “Nearly a third of professionals reported an increase in pay, compared to a fifth (21%) reporting pay cuts currently.” 

Oil and gas companies are on the right track in terms of workforce issues, but “the job isn’t done yet in terms of rebuilding that faith in the sector’s ability to reward its professionals,” said Airswift’s Marx. Reacting to the GETI’s finding that 58% of hiring managers see engineering skills as among the most critical in sourcing talent, Marx sees this as “another demonstration of the current status of the sector and the [ongoing] energy transition. Respondents [to the survey] recognize this great state of flux, and therefore, emphasize the skills that make an individual or team resilient and flexible in the face of change.” 

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How We Store Your Information

Data Security

Pipe Exchange implements data security systems and procedures to secure the information stored on Pipe Exchange computer servers. Such systems and procedures reduce the risk of security breaches, but they do not provide absolute security. Therefore, Pipe Exchange cannot guarantee that the Website and Services are immune to unauthorized access to the information stored therein and to other information security risks.

 

Our Commitment to Data Security. To prevent unauthorized access, maintain data accuracy and ensure the correct use of information, we have applied reasonable and appropriate physical, electronic and managerial procedures to safeguard and secure the information we collect online. We also limit access to personal data and confidential information on our systems to only those employees with a specific need to access this information. However, due to technological limitations and the risk of unlawful interceptions and accessing of transmissions and/or data, we cannot completely assure you, and you should not expect, that your personal information, and any other electronically communicated information, will be absolutely confidential.

The security of your personal information is important to us. When you enter sensitive financial information via our Website, the transmission of that information is encrypted using secure socket layer technology (SSL).

Please remember that you play a valuable part in security as well. To the extent you have created an account on our Website, your password to access our site, which you select at registration, should never be shared with anyone and should be changed frequently.  After you have finished using our site, you should log off and exit your browser so no unauthorized persons can use our site with your name and account information.

Information Retention and Access to Personal Information. We’ll retain information for as long as your account is active or as needed to provide you the Services, to comply with applicable law, resolve disputes, and to enforce our agreements.   If your personally identifiable information changes, or if you no longer desire to use and access our Services, you may correct, update, delete/deactivate your information by emailing Pipe Exchange via the contact information listed below. Before Pipe Exchange is able to provide you with any information or correct any inaccuracies, however, we may ask you to verify your identity and to provide other details to help us to respond to your request. But please note: (1) there might be some latency in deleting this information from our servers and back-up storage; (2) we will not delete anonymized data and may continue to use it as describe in this Privacy Policy; and (3) we may retain information if necessary to comply with our legal, tax or accounting obligations, resolve disputes, manage security risks, or enforce our agreements. Even if you cease your use of the Services, we may retain certain information in order to meet our obligations.

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties.  If you are a California resident and would like a copy of this notice, please submit a written request to: privacy@pipexch.com

International Transfer of Information Collected

We are a global company, with customers around the world and it is important to note that the Services, and the Website, may be operated via servers situated in the United States and elsewhere. If you are located outside of the United States, please be aware that any information which you supply to Pipe Exchange (including, without limitation, personal information (e.g., your name, phone number, email address, etc.) may be transferred to, processed, and used in the United States and elsewhere. To provide you with the Services, you irrevocably and unconditionally consent that we may store, use, process, transfer and transmit such information in accordance with this Privacy Policy in the United States and locations around the world – including those outside your country which may provide different rules, regulations, and protections regarding privacy. Information may also be stored locally on the devices used to access the Services, which may be mobile.

We have taken appropriate safeguards to ensure that your personal data will remain protected in accordance with this Privacy Policy, whether your personal data is within our control or has been entrusted to our third party service providers and partners.

Changes to this Privacy Policy

From time to time, Pipe Exchange may change the terms of this Privacy Policy. Changes will take effect once they are posted online and by accessing and/or using the Website or Services after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes.  If you do not agree with any of the amended terms, you must avoid any further use of the Website and/or Services offered by Pipe Exchange.

 

Inquiries or Concerns?

You may contact Pipe Exchange by emailing us at privacy@pipexch.com and we will do our best to provide a prompt response to your question.

PIPE EXCHANGE TERMS OF USE

Last updated: August 2019

Welcome to https://pipexch.com/Pipe Exchange (the “Website”). The Website is owned and operated by Pipe Exchange LLCPipe ExchangePipe Exchange including its related companies, affiliates and subsidiaries (collectively “Pipe Exchange,” “we,” “us,” “our”). We make the Website available to you, subject to the following Terms of Use (these “Terms of Use”). PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. By using the Website, you agree to these Terms of Use and agree they create a legally binding agreement between you and Pipe Exchange. If you do not agree to these Terms of Use, you may not use the Website. These Terms of Use are effective unless and until terminated by Pipe Exchange.

Minors are not authorized to access or use the Website for any purpose.

CHANGES TO TERMS OF USE

Pipe Exchange reserves the right, at any time, to modify, amend, alter or update these Terms of Use. These changes will be effective as of the date we post the revised version. By continuing to use the Website following such modifications, amendments, alterations or updates, you agree to be bound by such modifications, amendments, alterations or updates. Therefore, you should periodically visit this page to review our most current Terms of Use.

You may access the current version of these Terms of Use at any time by clicking on the link marked “Terms of Use” at the bottom of each page of the Website.

PRIVACY POLICY

In the course of your use of the Website, you may be asked to provide certain personalized information to us (such information referred to hereinafter as “User Information”).  Our information collection and use policies with respect to the privacy of such User Information are set forth in the Website’s Privacy Policy which is incorporated herein by reference for all purposes.  You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date. 

INTELLECTUAL PROPERTY RIGHTS

Pipe Exchange respects the intellectual property rights of others. As between you and Pipe Exchange, and except any User Information which you provide, all rights, title and interests in the Website, including all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Website, and the compilation of the content, code, data and materials on the Website, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein (collectively the “Content”) are owned by Pipe Exchange or by third parties who have licensed or provided their Content to us. The Website is protected under Trademarks (as defined below), copyright, patent, trade secret and other intellectual property rights laws, and your use of the Website does not grant to you ownership of any Content you may access on the Website. You are prohibited from using the Website to infringe or violate any intellectual property rights. Pipe Exchange may terminate your right to access the Website if it believes you are using the Website in a manner that infringes the copyright, trademark, patent or other intellectual property rights of another.

We may investigate occurrences that may involve violations of the security of the Services or of the law and we may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Website or on content available through the Website are registered and unregistered Trademarks of ours and others and may not be used unless authorized by the trademark owner.  All Trademarks not owned by us that appear on the Website or on or through the Website’s services, if any, are the property of their respective owners.  Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without our written permission or that of the third-party rights holder.  Your misuse of the Trademarks displayed on the Website is strictly prohibited.  Pipe Exchange will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.

PERSONAL USE ONLY

The Website and the Content are intended for your personal use.  You may access and view the content on the Website via your computer or other internet compatible device, and make single copies or prints of the content on the Website for your personal, internal use only.   The Website and the services offered on or through the Website, including Pipe Exchange’s e-publication and any other content and materials thereon, are only for your personal, non-commercial use. Except as otherwise provided on the Website, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, sell, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. Use of the Website to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales is expressly forbidden.

PROHIBITED USE

Any commercial distribution, publishing or exploitation of the Website, or any content, code, data or materials on the Website, is strictly prohibited unless you have received the express prior permission of Pipe Exchange or the applicable rights holder.  You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Website.  If you make other use of the Website, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.  Pipe Exchange will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

SECURITY

You are prohibited from violating, or attempting to violate the security of the Website. Any such violations may result in criminal and civil liabilities to you.  You warrant and agree that, while using the Website and the various services and features offered on or through the Website, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Website’s content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes or take any action that would constitute or could be interpreted as an endorsement or sponsorship by Pipe Exchange of any third party site, content, information or other materials, or in any manner that would violate the terms and conditions of any such third party sites; (c) attempt to probe, scan, or test the vulnerability of any system or network; or (d) attempt to gain unauthorized access to data not intended for you and/or other computer systems through the Website.  You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Website or for any services or features offered on or through the Website, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Website or the services offered on or through the Website, including, without limitation, any information residing on any server or database connected to the Website or any services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the Website through any means; (iii) use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, or impair the Website or such services, including, without limitation, sending mass unsolicited messages or “flooding,” “spamming,” or “crashing” any systems; (iv) use the Website or the Website’s services or features in violation of Pipe Exchange’s or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Website or the Website’s services in violation of any applicable law.  You further agree that you may not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website or the Website’s services, or any content thereof, or make unauthorized use thereof.  You agree that you will not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website. Pipe Exchange will investigate any alleged violations and will cooperate with law enforcement agencies in their investigations.

THIRD-PARTY CONTENT

Some of the information and material available through the Website are provided to Pipe Exchange by third parties (“Third-Party Material”). In some instances, the source of the Third-Party Material is identified. Third-Party Material is provided for your convenience only and Pipe Exchange does not endorse these materials or the parties who supply them to us. Pipe Exchange does not warrant or represent that these Third-Party Materials are current, accurate or reliable.

COPYRIGHT AGENT

We respect the intellectual property rights of others, and require that the people who use the Website do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Pipe Exchange’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

  • Your address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  • For all email submissions please include the subject line: DMCA Takedown Request.

 

Pipe Exchange has adopted a policy of terminating, in appropriate circumstances, accounts of users of the services or the Website who are deemed to have repeatedly uploaded content that infringes the intellectual property rights of others.

 

Copyright Agent:

Pipe Exchange Legal

c/o Pipe Exchange LLC

14025 West Road.
Suite #100
Houston, TX 77041

Phone: + (713) 934-9480

Email: dmca@pipexch.com

DISCLAIMER OF WARRANTIES

THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER. PIPE EXCHANGE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. PIPE EXCHANGE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS FOUND OR CONTAINED ON THE WEBSITE. PIPE EXCHANGE DOES NOT WARRANT THAT THE WEBSITE, THE CONTENT, OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT YOU OBTAIN MATERIAL THROUGH THE USE OF THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS.

ALL MATERIAL CONTAINED IN THE WEBSITE IS FOR GENERAL INFORMATION ONLY, HAS NOT BEEN INDEPENDENTLY VERIFIED, HAS NOT BEEN RECOMMENDED BY ANY FEDERAL OR STATE REGULATORY AUTHORITY AND MAY CONTAIN ERRORS OR OMISSIONS OF MATERIAL INFORMATION. THE MATERIAL AND INFORMATION CONTAINED ON THE WEBSITE SHOULD NOT, THEREFORE, BE USED OR RELIED UPON FOR ANY SPECIFIC REASON OR APPLICATION WITHOUT INDEPENDENT COMPETENT PROFESSIONAL EXAMINATION AND VERIFICATION OF ITS ACCURACY, COMPLETENESS, SUITABILITY AND APPLICABILITY. ANYONE MAKING USE OF THE MATERIAL DOES SO AT HIS/HER/ITS OWN SOLE AND EXCLUSIVE RISK AND ASSUMES ANY AND ALL ACTUAL OR POTENTIAL DAMAGE OR LIABILITY RESULTING FROM SUCH USE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL PIPE EXCHANGE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE MATERIAL ON THE WEBSITE OR SITES LINKED TO THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PIPE EXCHANGE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TERMINATION

Pipe Exchange may terminate, change, suspend or discontinue any aspect of the Website or the Website’s services at any time.  Pipe Exchange may restrict, suspend or terminate your access to the Website and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability.  Pipe Exchange maintains a policy that provides for the termination in appropriate circumstances of the Website use privileges of users who are repeat infringers of intellectual property rights.

USER’S REMEDY

If you are dissatisfied with any portion of the Website or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Website.

GOVERNING LAW AND VENUE

These Terms of Use and the relationship between you and Pipe Exchange shall be governed by the laws of the United States and the State of Florida without regard to its conflict of law provisions. You hereby irrevocably submit and consent to the personal and exclusive jurisdiction of the courts located within Miami-Dade County, Florida and agree that any cause of action that may arise under these Terms of Use and all disputes arising out of or relating to the use of the Website shall be commenced and be heard in the appropriate court in Miami-Dade County, Florida. The failure of Pipe Exchange to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use 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 these Terms of Use remain in full force and effect. 

QUESTIONS ABOUT TERMS OF USE

If you have any questions regarding these Terms of Use, please either:

Send an email to sales@pipexch.com

Write to Pipe Exchange at the following address:

14025 West Road

Suite 100

Houston, TX 77041