EnergyNet.com, LLC ("EnergyNet" collectively with EnergyNet.com, LLC's affiliates, parent companies, subsidiaries, and agents) Terms of Use
The following terms of use ("Terms of Use") govern Your use of the website at Energynet.com ("Website") and content, data and materials available or generated on the Website ("Content"). As used throughout these Terms of Use, the terms "You" and "Your" shall mean the party clicking the "I Agree" button, and any subsidiary, agent, principal, owner, officer, director, employee, or contractor thereof.
BY CLICKING THE "I AGREE" BUTTON, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THESE TERMS OF USE AND ARE ENTERING INTO A LEGALLY BINDING CONTRACT THAT IS VALID AND ENFORCEABLE UNDER A VARIETY OF STATE AND/OR FEDERAL STATUTES AND THE COMMON LAW, INCLUDING BUT NOT LIMITED TO, THE UNIFORM ELECTRONIC TRANSACTIONS ACT CODIFIED IN CHAPTER 322.001 et. seq. OF THE TEXAS BUSINESS & COMMERCE CODE.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, YOU MAY NOT USE THE WEBSITE AND CONTENT. Should You object to any Terms of Use, or any subsequent modifications or become dissatisfied with the Content or Website in any way, Your only recourse is to immediately discontinue use of the Content and Website. EnergyNet has the right, but is not obligated, to strictly enforce any term or condition in these Terms of Use through self-help, active investigation, exclusion from the Website, litigation and prosecution. You agree that EnergyNet's failure to enforce any right or requirement that You comply with any obligation contained in these Terms of Use is not a waiver of any right or obligation and will not support any claim of waiver of any other right or obligation.
1. Limited License
a. Subject to compliance with these Terms of Use and any documents or website information pages incorporated by reference, You are granted a nonexclusive, nontransferable, limited license to access and use the Website and Content from time to time made available to You. This license is not a sale, transfer, or assignment of the Content. You acquire no interest whatsoever in the Website or Content. Only individuals authorized by EnergyNet, in writing, may download and use the Website or Content.
b. You agree not to download, copy or use the Website and Content except as expressly permitted by these Terms of Use. You shall not transfer, sublicense, rent, lease or lend the Content to any third party. You shall not modify, reverse engineer, create derivate works, disassemble or decompile the Website or Content. You may not use any direct link, page scraper, robot, crawler, index, spider or other automatic device program, algorithm or methodology to access, copy, acquire information or use the Website or Content.
c. The Website and Content incorporate third-party software and data, including but not limited to Google, Mapbox, Enverus, and IHS Energy. These software programs and data are property of their respective owners. By using the Content and Website, You consent to the terms of use and license terms of these third-parties.
2. Incorporation of Other Documents Other provisions that govern Your use of the Website or Content may be set forth in other agreements, documents, terms, conditions, and policies. All of these other provisions are incorporated by reference into these general Terms of Use. Such documents include, as applicable and without limitation, the EnergyNet.com, LLC Privacy Policy, EnergyNet's Regulatory Disclosures, Buyer's Agreement to Purchase Properties, Bidding Terms Agreement, and Seller's Agreement for the Sale of Oil and Gas. Notwithstanding anything to the contrary, in the event of a conflict between the provisions in these documents and these Terms of Use, the provisions in these documents will control. Your use of the Website or Content is subject to the additional terms and conditions contained in these documents.
3. EnergyNet Connects Buyers and Sellers
EnergyNet acts as a venue for connecting buyers and sellers of interests in real property, including natural resources, goods, and other services. EnergyNet has no control over, and makes no warranty, representation, or guarantee regarding any aspect of the properties listed, the truth or accuracy of the listings, the ability of sellers to sell properties or the ability of buyers to buy properties. EnergyNet does not transfer legal or equitable ownership of properties from the seller to the buyer. You use the EnergyNet service at Your own risk. You must make Your own independent determination and inquiries, and by Your use of the Website and Content represent that You have made such independent determination and inquiry, regarding the statements, descriptions, conditions, and representations made by sellers and buyers. Users of the Website and Content are encouraged to consult with legal counsel and/or financial advisors as You may deem necessary to evaluate and consider the properties available for purchase, lease or sale whether offered by private parties or governmental entities. Please use caution and common sense when dealing with third-parties or using the Website and Content.
4. Username and Password
a. All transaction sites in the EnergyNet Auction Website are password protected and only accessible to qualified buyers and sellers who have been pre-approved by EnergyNet based on representations made by such buyers and sellers.
b. You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your internet accessible device, and You agree to accept responsibility for all activities that occur under Your account or password.
c. You must keep Your account information up-to-date and accurate at all times, including a valid physical address and email address. EnergyNet provides a self-service option for account updates on the Buyer's Homepage or Seller Homepage, as applicable.
5. Representations and Warranties
In addition to other representations and warranties, included herein or that may be required in other documents incorporated by reference, You represent and warrant to EnergyNet that (i) You are over the age of eighteen (18) and have the power and authority to enter into and perform Your obligations under these Terms of Use; (ii) You shall comply with all terms and conditions set forth herein; and (iii) You have provided accurate and complete information.
6. Electronic Disclosure
You consent to receiving the EnergyNet Terms of Use and all documents and disclosures incorporated by reference in electronic form.
7. Intellectual Property Rights
a. Copyright 1999-2023 EnergyNet.com, LLC All rights reserved. Unless otherwise noted, all right, title, and interest, including all patents, copyrights, trademarks, trade secrets and confidential information and other intellectual property rights (the "Rights") in the Content and Website (in both print and machine-readable forms) belong to EnergyNet. You shall not, in any manner, violate or attempt to impair the Rights of EnergyNet, or, unless otherwise noted, other EnergyNet graphics, logos, designs, page headers, button icons, scripts, and names that may be registered trademarks, trademarks or trade dress of EnergyNet in the U.S. and/or other countries. EnergyNet's trademarks and trade dress may not be used, including as part of trademarks or as part of domain names or email addresses, in connection with any product or service without specific written permission and may not be used in any manner that is likely to cause confusion.
b. EnergyNet.com (Registration No. 2,539,051) and the EN Logo (Serial No. 85/463286) are registered U.S. trademarks of EnergyNet.
c. Third-party providers, trade organizations, sellers, governmental agencies, and other entities have trademarks that are used in the course of EnergyNet's business and may appear on the Website. These trademarks are property of their respective owners and may not be used by You without the express written authorization from such owner.
8. Injunctive Relief
You agree that any breach of these Terms of Use would cause EnergyNet irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which EnergyNet may be entitled, You agree that EnergyNet may seek injunctive relief to prevent the actual, threatened or continued breach of these Terms of Use.
9. External Links
EnergyNet may establish links between this Website and one or more websites operated by third parties. EnergyNet has no control over any such other websites, the contents therein, or the products/services offered. The existence of any such links shall not constitute an endorsement of, or representation or warranty by EnergyNet regarding such websites, the contents of the websites, the products or services of the websites, or the operators of the websites. Your access to and use of such linked websites is governed by the terms of use and privacy policies of those sites, and shall be at Your own risk. EnergyNet disclaims responsibility for the privacy policies and customer information practices of third-party internet websites hyperlinked from our Website.
10. Third Party Content
a. EnergyNet does not claim ownership rights in the content supplied by third-parties, including sellers. You grant EnergyNet a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise the copyright, publicity, database and other intellectual property rights You have in the content You submit, in any media now known or not currently known. You represent and warrant that You have the necessary authority to submit the content and the content does not violate the rights of any third-party.
b. You agree to allow EnergyNet to store or re-format the content You submit on the Website and display Your content on the Website in any way EnergyNet deems advisable.
11. Termination
a. EnergyNet reserves the right to terminate Your right to use the Website and Contents at any time, for no reason, or for any reason including, but not limited to, breach or suspected breach of any of these Terms of Use. Upon termination by EnergyNet, You must immediately cease using the Content and Website. You may also terminate this Agreement at any time by ceasing use of the Content and Website. EnergyNet may also suspend or discontinue the Content and Website without notice.
b. Notwithstanding EnergyNet's termination rights, EnergyNet may also establish limits concerning use of the Content and Website, including the maximum number of days that Content will be retained by the site and the frequency with which You may access the Content and Website.
c. Upon termination of Your right to use the Website and Contents, you shall immediately return and deliver to EnergyNet or destroy all tangible material and/or information representing or exemplifying the Website and/or Contents, or anything downloaded by You hereunder and all notes, summaries, memoranda, drawings, manuals, records, excerpts or derivative information deriving therefrom and all other documents, materials, notes or copies, which may have been converted to any computerized media or by image capture or any other form of work product that may be based on or include any of the information subject to these Terms of Use, in whatever form of storage or retrieval.
d. Sections 1.b, 2, 3, 6, 7, 8, 10, 11.c, 12, 13, 14, 15, 16 and 17 of these Terms of Use shall survive any termination or expiration of Your rights under these Terms of Use.
12. DISCLAIMER OF WARRANTIES
a. THE CONTENT AND WEBSITE ARE PROVIDED ON AN "AS IS," "WHERE IS," "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ENERGYNET HEREBY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS WITH RESPECT TO THE CONTENT AND WEBSITE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ENERGYNET DOES NOT WARRANT THAT THE OPERATION OF THE CONTENT AND WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR FREE OF MALWARE OR OTHER HARMFUL COMPONENTS, REGARDLESS OF ORIGIN OR COMPLETELY COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. ENERGYNET SHALL NOT BE LIABLE FOR ERRORS, OMISSIONS, MALWARE, DELAYS OR INTERRUPTIONS IN THE CONTENT AND WEBSITE CAUSED BY ANY REASON, INCLUDING NEGLIGENCE OR FAILURE TO ACT OF ENERGYNET. YOU HEREBY ACKNOWLEDGE THAT THE CONTENT AND WEBSITE MAY BECOME UNAVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE WEBSITE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO MALWARE, DENIAL OF SERVICE ATTACKS, OR ANY OTHER CAUSE REASONABLY BEYOND THE CONTROL OF ENERGYNET. YOU REPRESENT AND WARRANT THAT YOU ACCEPT ANY AND ALL RISK ASSOCIATED WITH CYBER CRIME AND CYBER RISKS ASSOCIATED WITH USING THE WEBSITE AND THE CONTENTS, AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR CYBER SECURITY.
b. THE CONTENT AND WEBSITE COMPILES INFORMATION PROVIDED BY THIRD PARTIES AND ENERGYNET GIVES NO WARRANTY, REPRESENTATION, OR GUARANTEE AS TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION PROVIDED TO ENERGYNET OR ENERGYNET'S REPRODUCTION THEREOF.
c. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
13. LIMITATION OF LIABILITY
IN NO EVENT SHALL ENERGYNET AND (AS APPLICABLE) ENERGYNET'S SUBSIDIARIES, PRINCIPALS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, ATTORNEYS FEES OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS LIABILITY LIMIT APPLIES EVEN IF ENERGYNET OR A THIRD-PARTY ACTED NEGLIGENTLY.
14. INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD ENERGYNET AND (AS APPLICABLE) ENERGYNET'S SUBSIDIARIES, PRINCIPALS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS OF USE OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
15. DISPUTES
ANY CONTROVERSY, DISPUTE, OR CLAIM BETWEEN THE PARTIES RELATING TO THESE TERMS OF USE SHALL FIRST BE SUBMITTED TO NON-BINDING MEDIATION UPON THE WRITTEN DEMAND OF EITHER PARTY. THE MEDIATION SHALL BE CONDUCTED IN AMARILLO, TEXAS.
16. GOVERNING LAW AND VENUE
THESE TERMS OF USE ARE DEEMED TO BE MADE AND EXECUTED IN RANDALL COUNTY, TEXAS, AND SHALL BE GOVERNED BY, CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, EXCLUSIVE OF CONFLICTS OF LAWS PROVISIONS. YOU AGREE THAT ANY DISPUTE CONCERNING THESE TERMS OF USE, OR ANY DOCUMENT INCORPORATED BY REFERENCE, SHALL BE RESOLVED BY THE STATE OR FEDERAL COURT SITTING IN RANDALL COUNTY, TEXAS AND YOU HEREBY CONSENT TO VENUE IN RANDALL COUNTY, TEXAS.
17. No Waiver
The failure of EnergyNet to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
18. No Assignment
These Terms of Use may not be assigned or transferred by You.
19. Changes to These Terms
These Terms of Use may be changed by EnergyNet immediately upon notice. Continued use of the Website following any change constitutes acceptance of the change.
20. Agreement and Statement Concerning Listings for Oil and Gas Properties Offered by Private Parties and the Federal Deposit Insurance Corporation
a. If You are using the Website for the sale or purchase of oil and gas properties, You represent that You are a knowledgeable and sophisticated investor, hereby engaged in the business of exploring for or producing oil or gas or other minerals as an ongoing business and are fully aware of the financial risk and liabilities of Oil and Gas Properties which are highly speculative investments which involve a risk of loss, including without limitation, a loss of principal. Risks involved may include commodity price fluctuations as well as unforeseen events that may affect oil and gas property values. You represent that You are able to and shall bear the economic risk of any properties which You may purchase through the EnergyNet Website and that You are capable of independently evaluating the risks and merits of any properties purchased.
b. EnergyNet and its representatives may only transact business in any State if first registered, or if excluded or exempted from that State or United States Territory broker-dealer, investment adviser, dealer agent, or investment adviser representative registration requirements.
c. Follow-up, individualized responses to persons in any State or United States Territory by EnergyNet or its representatives that involve either the effecting or attempting to effect transactions in securities, or the rendering of personalized investment advice for compensation, as may be, will not be made absent compliance with that State or United States Territory broker-dealer, investment advisor, dealer agent or investment adviser registration requirements or an applicable exemption or exclusion.
d. The Internet communication of the listing of properties does not involve either effecting or attempting to effect transactions in securities, or the rendering of personalized investment for compensation as may be, in any State and United States Territory over the Internet, but is limited to the dissemination of general information concerning properties for sale in the pending or future Internet auctions, conducted by EnergyNet.
e. Data and listings on the Website do not constitute a public offering and are made only to qualified persons. Data and listings on the Website do not constitute an offer or solicitation to purchase or sell oil and gas properties.
21. Agreement and Statement Concerning Listings for Real Property Offered by Government Entities, except the Federal Deposit Insurance Corporation
a. If You are using the Website for the purchase of assets offered by governmental entities, You will need to meet specific criteria established by the governmental entity offering the property for sale and You will be given an opportunity to confirm You meet the specific criteria prior to bidding on such properties.
b. Each governmental entity has its own individual terms and agreements governing participation in and bidding on properties offered for sale by those entities.
c. Each governmental entity maintains its own system of records for properties sold by the governmental entity.
22. This Website is maintained solely for the personal use of visitors. Although EnergyNet has made reasonable efforts to provide accurate information, EnergyNet cannot guarantee the completeness, timeliness or accuracy of the information contained therein. Nothing in this Website and Contents constitutes investment advice. Any decisions based upon the information contained in this Website and Contents are the sole responsibility of the user.
23. EnergyNet will not disclose to any third party (including other buyers and sellers) confidential information used during the auction process such as a buyer's customer history, maximum bid amount, or a seller's reserve price without the express permission of the buyer or seller.
24. The invalidity or unenforceability of any term or provision or any clause of these Terms of Use in no way impairs or affects the validity or enforceability of any other provision of these Terms of Use, which remain in full force and effect.