ENERGY TRANSFER ORDERUP MOBILE APP EULA, PRIVACY POLICY, AND TERMS OF USE

Acceptance of the Terms

Energy Transfer ("Energy Transfer," "we" or "us") thanks you for using the Energy Transfer OrderUp Mobile Application ("OrderUp"). This EULA, the Privacy Policy, and our Terms of Use (collectively, “Terms”) govern your use of the scheduling services and functionalities we make available to you through the OrderUp app ("Services"). By accessing and using any of the Services via OrderUp, you accept and agree to be bound and abide by these Terms. If you do not agree to these Terms, you must not access or use orderup and the related Services.

Description of the OrderUp App and Services

The OrderUp app enables you to submit crude oil haul orders to Energy Transfer’s TMW Dispatch System using your iPhone. You can choose from Full Load, Split Tank, and Split Lease loads and establish the priority (timing) of the haul. You can also designate the property, tank numbers, and gauge information for each tank. The Order Up app allows you to provide detailed, free form instructions to the haulers to ensure quality service. Once you have completed your order, Energy Transfer will send a confirmation email to your designated email address. Using the OrderUp app, you can check on the status of both your pending and completed loads. For more information about the OrderUp, check out the User Guide. https://crudetmwportal.energytransfer.com/document/Userguide.html

Product License; Scope

Energy Transfer grants you a limited, personal, non-commercial, non-transferable, revocable right to use the Order Up app and the Services on the iPhone that you own or control, subject to the other limitations and restrictions in these Terms and as permitted by the Usage Rules set forth in the App Store Terms of Service. You may not rent, lease, lend, sell, redistribute or sublicense the OrderUp app, the Services or any portion thereof. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the OrderUp or the Services (except as and only to the extent any such restriction is prohibited by applicable law). These Terms will govern any upgrades that replace and/or supplement the original OrderUp or Services, unless the upgrade is licensed separately.

Acknowledgment

This EULA is between you and Energy Transfer only, and not with Apple. Each party acknowledges that Apple is not a party to this EULA or the Terms and that Energy Transfer, not Apple, is solely responsible for the OrderUp app and its content. This EULA conforms with the Apple Media Services Terms and Conditions as of the effective date.

Maintenance and Support

Energy Transfer’s Customer Support Center is available to help you use the OrderUp app, for everything from login and password issues to technical challenges (not related to cellular communication) and order verification and cancellation. You can read about the Customer Support Center Policies and Services here https://crudetmwportal.energytransfer.com/OrderUp/Privacy.html or contact them directly at 866-786-5623 Option 9. Because the OrderUp app is free to download and use, Energy Transfer does not provide any scheduled or guaranteed maintenance, although we do hope to continually improve the app to serve your needs. To the extent that maintenance or support are required by applicable law, Energy Transfer, not Apple, will be obligated to furnish such maintenance and support.

Warranty

THE ORDERUP APP AND SERVICES ARE PROVIDED "AS IS" AND ENERGY TRANSFER HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. ENERGY TRANSFER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ENERGY TRANSFER MAKES NO WARRANTY OF ANY KIND THAT THE ORDERUP APP SERVICES, OR ANY PRODUCTS OR RESULTS OF THEIR USE , WILL MEET YOUR OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY DEVICE, SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE ORDER UP APP OR SERVICES OR FROM US WILL CREATE ANY WARRANTY. To the extent any warranty exists under law that cannot be disclaimed, Energy Transfer, not Apple, will be solely responsible for such warranty.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ENERGY TRANSFER, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (THE "ENERGY TRANSFER PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR PRODUCT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS EULA OR THE USE (OR INABILITY TO USE), OPERATION, AVAILABILITY OR PERFORMANCE OF THE ORDERUP APP OR SERVICES OR RELIANCE ON THE ORDERUP APP OR SERVICES, EVEN IF THE ENERGY TRANSFER PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE ORDERUP APP AND SERVICES (INCLUDING ANY AUTHENTICATION TECHNOLOGIES) MAY NOT BE SECURE, AND THAT PRIVACY AND SECURITY RISKS CANNOT BE ELIMINATED. ACCESS CREDENTIALS AND AUTHENTICATION TECHNOLOGIES MAY NOT PREVENT UNAUTHORIZED TRANSACTIONS OR ACCESS TO YOUR ACCOUNT OR UPLOADS. ANY LIABILITY ON THE PART OF THE ENERGY TRANSFER PARTIES ARISING OUT OF OR RELATED TO THIS EULA OR YOUR USE OR MISUSE OF THE ORDERUP APP OR THE SERVICES WILL NOT EXCEED $25.00 USD.

Product Claims

Energy Transfer does not make any warranties concerning the OrderUp app or Services. To the extent that you or any third party have any claim arising from or relating to your use of the OrderUp app, Energy Transfer, not Apple, is responsible for addressing any such claims, which may include, but are not limited to: (a) product liability claims; (b) any claim that the OrderUp app fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation. Nothing in this EULA will (a) be deemed an admission that you may have such claims, or (b) limit Energy Transfer’s liability to you beyond what is permitted by applicable law.

Intellectual Property Rights

The OrderUp app, the Services, and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, and their design, selection and arrangement), are owned by Energy Transfer or our licensors, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Energy Transfer name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Energy Transfer or our affiliates or licensors. You must not use such marks without Energy Transfer’s prior written permission. Energy Transfer is not obligated to indemnify or defend you with respect to any third-party claim arising out of or relating to your use of the OrderUp app or Services. To the extent we are required to provide indemnification by applicable law, Energy Transfer, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Legal Compliance

You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

Developer Name and Address

Our Customer Support Center is available to help you make the most of the OrderUp app and Services, so we recommend contacting them first if you have questions. However, if you have any questions, complaints or claims with respect to the OrderUp app or Services, you may contact us in several ways.

Our postal address is:
8111 Westchester Dr., Suite 600
Dallas, TX, 75225-6142

We can be reached via email at Sunload@energytransfer.com.
You can reach us by telephone at 866-786-5623 Option 9.

Third Party Terms of Agreement

You must comply with applicable third party terms of agreement when using the OrderUp app. For example, you must not be in violation of your wireless data service agreement when accessing the OrderUp app on your cell phone. The entity providing your mobile OS has no obligation whatsoever to furnish any maintenance and support services with respect to the OrderUp app.

Third Party Beneficiary

Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA and the Terms and, upon your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary.

Termination

You may terminate this EULA at any time by deinstalling all copies of the OrderUp app under your control and ceasing to use the Services. All rights granted to you under this EULA will immediately terminate if you violate any of the terms of this EULA. The Terms will continue to apply to the OrderUp app and the Services after termination to the extent that you retain the OrderUp app or attempt to use the Services. Energy Transfer reserves the right to change, suspend, remove, or disable access to the OrderUp app and any Services at any time and for any reason, with or without cause, and without notice. In no event will Energy Transfer be liable for such change to or removal of the OrderUp or any portion thereof.

Cellular Communications and Internet Access

Use of the OrderUp and the Services requires an internet connection and may result in charges from your cellular service provider. Energy Transfer is not responsible for any such charges. YOU ARE RESPONSIBLE FOR OBTAINING CELLULAR AND INTERNET SERVICE NECESSARY TO USE THE OrderUp app AND THE SERVICES. ENERGY TRANSFER DOES NOT WARRANT OR GUARANTEE THAT COMMUNICATION FUNCTIONALITY WILL BE AVAILABLE AT ANY PARTICULAR TIME OR PLACE. ENERGY TRANSFER IS NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF YOUR CELLULAR COMMUNICATION OR INTERNET SERVICE PROVIDERS, OR UNAVAILABILITY OR ERRORS ASSOCIATED WITH THEIR SYSTEMS OR SERVICES.

Export

You may not use or otherwise export or re-export OrderUp except as authorized by United States law. In particular, but without limitation, the OrderUp App may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. You acknowledge that the entirety of the Services may not be appropriate or available for use in other locations. If you use the Services outside the United States of America, you are solely responsible for following applicable local laws and regulations which may impact your right to import, export, access, or use the Services.

Use by Minors

The OrderUp app is not intended for use by minor children under the age of 13. The Energy Transfer Parties do not knowingly collect or solicit through the OrderUp App or Services any information relating to anyone under the age of 13. When you use the OrderUp and Services or provide personal information through the OrderUp app, you are representing that you are not under the age of 13. The Energy Transfer Parties believe that content available through the OrderUp app does not contain any imagery or terminology that could be considered targeting children and Energy Transfer does not direct interest-based advertising to children.

Disputes. Please Read This Provision Carefully. It Affects Your Legal Rights.

Indemnity

You are responsible for your violation of these Terms. You agree to indemnify and hold Energy Transfer, its parents, subsidiaries, affiliates, officers, agents or employees harmless from any claim, demand, loss, or damages, including reasonable attorneys’ fees, resulting from any third-party claim, suit, action, or proceeding (“Claim”) that your information, or use of the information in accordance with these Terms, infringes or misappropriates a third party’s intellectual property rights or violates any applicable law or regulation and any Claims based on your (a) negligence or willful misconduct; (b) use of the OrderUp app or Services in a manner not authorized by these Terms; (c) use of the OrderUp app or Services in combination with data, software, hardware, equipment, or technology not provided by Energy Transfer or authorized in writing by Energy Transfer; or (d) modifications to the OrderUp app or Services not made by Energy Transfer, provided that you may not settle any Claim against Energy Transfer unless Energy Transfer consents to such settlement, and further provided that Energy Transfer has the right, at its option, to defend itself against any such Claim or to participate in the defense by counsel of its own choice.

Entire Agreement

This EULA, together with our Privacy Policy Notice and Terms of Use, contain the complete agreement between you and Energy Transfer relating to the OrderUp app and Services. These Terms supersede any prior discussion or agreements and can only be modified in writing and signed by both parties. Energy Transfer accepts orders only under these Terms and expressly rejects and different or additional terms you propose in any form.

Changes

We may amend our Terms at any time in our sole discretion. All changes are effective immediately when posted. You should review the Legal Notices and Privacy Policy button on the OrderUp app periodically for such changes because we do not separately notify you of any changes. Your continued use of the OrderUp app and Services following the amendment means you accept and agree to be bound by the revised Terms. If you object to any such modifications, your sole recourse will be to stop using the OrderUp app. Energy Transfer reserves the right to change any and all features of our Services or discontinue the Services at any time, without notice.

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PRIVACY POLICY NOTICE

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Privacy Notice

Energy Transfer ("Energy Transfer," "we" or "us") recognizes the importance of privacy. We want you to feel confident when using the Energy Transfer OrderUp Mobile Application ("OrderUp") and the ordering services and functionalities we make available to you through the OrderUp app ("Services"). This privacy notice (“Privacy Notice” or “Notice”) is to help you understand and describe how we collect, use, and disclose your information. This Notice is a part of, and should be read together with, the OrderUp Mobile Application EULA and Terms of Use.

Information We Collected And How It Is Collected

We may collect a variety of information about you in a variety of ways.

Information You Provide Voluntarily

Personal Data
We collect and store the following personal information about you which you voluntarily give us upon sign-up or through continued use of the OrderUp app and Services:

• First and last name
• Email address
• Phone number

Information We Collect Automatically

Log & Device Data
Our servers may automatically collect the following information when you access the OrderUp app from your device or your cellular service provider:

• Your unique device identifier (UDID)
• Phone number
• Sending IP address
• Your device type
• Operating version
• Opplication use and performance data
• The date and time of each action you take using the OrderUp app or of any service request, and the duration of any voice call between you and Customer Support

How We Use Your Information

We may use information that we collect about you, including Personal Data, to:

Operate the OrderUp App

• Allow you access to the OrderUp app
• Process your orders
• Respond to your inquiries
• Provide customer support
• Provide technical support and maintenance services
• Communicate with you about orders by email or phone

Improve the OrderUp App

• Develop functionality
• Perform statistical analysis about the use of the OrderUp app

Energy Transfer will not use your information for promotional, advertising or marketing purposes.

How We Share Your Information

• Sharing/Disclosures
• Energy Transfer may share your user information with any of its affiliates, solely for the purposes of providing you the Services.
• Required Disclosures
• We may provide your information to third parties when we believe circumstances require or justify disclosure. For example: (a) to respond to a subpoena, warrant, or order issued by a court, (b) to comply with a law, regulation, legal, or governmental request, (c) to detect, prevent, or otherwise address, security or technical issues, illegal, or suspected illegal activities (including fraud), (d) to address an event that threatens the life, health or security of an identifiable person, the public or Energy Transfer or (e) as evidence in litigation in which we are involved, as part of a judicial or regulatory proceeding.

Security

Your information will be stored on servers controlled by Energy Transfer and will be retained in accordance with our security and records management policies. We will use reasonable physical, administrative and technical safeguards to protect the confidentiality, security and integrity of the information. Although we and our service providers use such safeguards, we do not make any warranty, express, implied or otherwise that we or our service providers will be able to prevent loss, misuse, unauthorized access to, or alteration of, the information that you provide to us through the OrderUp app. By using OrderUp app, you make any disclosure of your information to us at your own risk. You should take every precaution to protect your personal information when you access the internet or store such information on any handheld device.

Deleting Your Information

You may ask to have your information removed from our records by sending a deletion request to Sunload@energytransfer.com.

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TERMS OF USE

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Acceptance of the Terms

Energy Transfer ("Energy Transfer," "we" or "us") thanks you for using the Energy Transfer OrderUp Mobile Application ("OrderUp"). These Terms of Use, Privacy Policy, and EULA (collectively, “Terms”) govern your use of the scheduling services and functionalities we make available to you through the OrderUp app ("Services"). By accessing and using any of the Services via OrderUp, you accept and agree to be bound and abide by these Terms. If you do not agree to these Terms, you must not access or use orderup and the related Services. These Terms of Use are a part of, and should be read together with, the OrderUp Mobile Application EULA and Privacy Policy.

Account Set Up and Authorization

To use the OrderUp app, you need to set up an Energy Transfer account. When you create an account, we collect registration-related information, which includes your email address and your name. The email address you use must be on your company’s domain. Once you submit the required registration information, we will contact your company to confirm that you are authorized to establish an account with us. If you are authorized, you will receive an email asking you to continue the registration process, including establishing a password. You agree to provide true, accurate, current, and complete account information at all times. Any changes to your information can be made by logging directly into your account. You are responsible for complying with these Terms when accessing the OrderUp app. You are also required to obtain and maintain any equipment and services needed to use the OrderUp app. You must tell us at 866-786-5623 Option 9 if you lose your company authorization at any time and for any reason. Authorized users are only able to view order and lease data associated with their company’s contracts.

Password Protection

You agree to choose a strong and secure password and to keep your password confidential. If you believe your password or security for the OrderUp has been breached in any way, you must immediately notify us at 866-786-5623 Option 9. You may change your password through the OrderUp app, and Customer Support is available at 866-786-5623 Option 9 or Sunload@energytransfer.com if you need to reset your password.

Term and Termination

Your right to use the OrderUp app continues for as long as you comply with these Terms and have company authorization. You must notify us at 866-786-5623 Option 9 as soon as possible if you leave your company or if your authorization to use the OrderUp app is terminated for any reason. We work closely with your company to maintain a list of current authorized users. If your name is no longer listed as an authorized user for your company or we reasonably believe that you are not in compliance with these Terms, we can terminate your access to the OrderUp app immediately and without notice to you.

OrderUp Benefits

The OrderUp app allows customers who operate well-site leases for their owners to enter their orders for crude oil hauls from their iPhones. The orders are sent directly to Energy Transfer’s TMW Dispatch System which dispatches orders to the units installed in each driver’s truck, tracks the pickup and delivery of hauls, and receives the crude oil run ticket with volumes hauled. The OrderUp app is a significant time-saver for our operators – they can send orders quickly and easily to Energy Transfer with confirmation of receipt, wherever they are located.

OrderUp App Unavailability

If the OrderUp app is unavailable for any reason, including but not limited to, a cellular network or internet failure or an incident involving Energy Transfer systems, then you must place orders through the Customer Support Center at 866-786-5623 Option 9. In no event will Energy Transfer be liable to you for damages of any name or nature for any error caused by or the unavailability of the OrderUp app

Your Ordering Responsibilities

Because the OrderUp app is offered “AS IS” and without warranty of any kind, you are responsible for ensuring that any order you have placed is accurate and has been received

Order Confirmation

You will receive an email at the address listed in your log in credentials confirming each order. If you do not receive a confirmation email, you must contact the Customer Support Center at 866-786-5623 Option 9 to determine whether the order was received and resolve any issue(s) that might be preventing the acceptance and confirmation of the order.

Orders in Error, Cancellations, and Refusals

If you submit an order in error or submit duplicate orders through the OrderUp app, please contact the Customer Support Center at 866-786-5623 Option 9 for assistance with order cancellation and verifications. Unintended and duplicate orders that have been fulfilled may result in refusal notification emails because there is no longer any product available for hauling. It is your responsibility to verify all confirmation emails to help us prevent and remedy errors.

No Lease Found

If a particular lease is not listed for selection on OrderUp, it may be due to a change in your company’s lease or contract. Please contact the Customer Support Center at 866-786-5623 Option 9 for assistance.

iPhone Assistance

Customer Service is available to resolve data, ordering, and other OrderUp-related issues. If the OrderUp app does not operate on your iPhone, we will provide assistance only if the problem resides in the OrderUp app. We cannot provide assistance with technical issues related to iPhone operations or training.