EnergyNet.com, LLC Terms and Conditions
The following terms and conditions govern your use of the website at Energynet.com ("Website" and content, data and materials available or generated on the Website ("Content").
BY CLICKING THE "I AGREE" BUTTON, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS 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 AND CONDITIONS, YOU MAY NOT USE THE WEBSITE AND CONTENT. Should you object to any term or condition, 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.com, LLC has the right, but is not obligated, to strictly enforce any term or condition through self-help, active investigation, exclusion from the Website, litigation and prosecution. You agree that EnergyNet.com's failure to enforce any right or requirement that you comply with any obligation contained in these terms and conditions 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
Subject to compliance with these terms and conditions and any documents 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 of the Content. You acquire no proprietary interest in the Website or Content. Only individuals authorized by EnergyNet.com, LLC may download and use the Website or Content.
You agree not to download, copy or use the Website and Content except as expressly permitted by these terms and conditions. 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.
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 and conditions. Such documents include, as applicable and without limitation, the EnergyNet.com, LLC Privacy of Consumer Financial Information, Buyer's Representations and Warranties, Buyer's Agreement to Purchase Properties, Bidding Terms Agreement, Lot Descriptions, Lot Properties, Property Information Sheets, Virtual Data Room Information, Seller Information, Engineering Production Data, Buyer Registration Guidelines, Seller Registration Guidelines, Agreement and Statement Concerning Property Review Listing, Seller's Agreement for the Sale of Oil and Gas Properties and Power of Attorney. Notwithstanding anything to the contrary, in the event of a conflict between the provisions in these documents and these terms and conditions, the provisions in these documents will control. Your use of the Website or Content is subject to these additional terms and conditions.
3. EnergyNet.com, LLC Connects Buyers and Sellers
EnergyNet.com, LLC acts as a venue for connecting buyers and sellers of interests in real property, including natural resources, goods and other services. EnergyNet.com, LLC has no control over, and makes no warranty 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.com, LLC does not transfer legal ownership of properties from the seller to the buyer. You use the EnergyNet.com, LLC service at your own risk. You must make your own independent determination and inquiries regarding the statements, descriptions, conditions, and representations made by sellers and buyers. Users of the Website 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
All transaction sites in the EnergyNet.com, LLC Auction Website are password protected and only accessible to qualified buyers and sellers who have been pre-approved by EnergyNet.com, LLC based on representations made by such buyers and sellers.
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.
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 that may be required in other documents incorporated by reference, you represent and warrant to EnergyNet.com, LLC 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 and conditions; (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.com, LLC Terms and Conditions and all documents and disclosures incorporated by reference in electronic form.
7. Intellectual Property Rights
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.com, LLC You shall not in any manner violate or attempt to impair the Rights of EnergyNet.com, LLC unless otherwise noted, other EnergyNet.com, LLC's graphics, logos, designs, page headers, button icons, scripts, and names may be registered trademarks, trademarks or trade dress of EnergyNet.com, LLC in the U.S. and/or other countries. EnergyNet.com, LLC'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.
EnergyNet.com (Registration No. 2,539,051) and the EN Logo (Serial No. 85/463286) are registered U.S. trademarks of EnergyNet.
Third-party providers, trade organizations, sellers, governmental agencies, and other entities have trademarks that are used in the course of EnergyNet.com, LLC's business and may appear on the Website. These trademarks are property of their respective owners.
8. Injunctive Relief
You agree that any breach of these terms and conditions would cause EnergyNet.com, LLC irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which EnergyNet.com, LLC may be entitled, you agree that EnergyNet.com, LLC may seek injunctive relief to prevent the actual, threatened or continued breach of these terms and conditions.
9. External Links
10. Third Party Content
EnergyNet.com, LLC does not claim ownership rights in the content supplied by third-parties, including sellers. You grant EnergyNet.com, LLC 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.
You agree to allow EnergyNet.com, LLC to store or re-format the content you submit on the Website and display your content on the Website in any way EnergyNet.com, LLC deems advisable.
EnergyNet.com, LLC reserves the right to terminate this Agreement at any time and for any reason including, but not limited to, breach or suspected breach of any of these terms and conditions. Upon termination by EnergyNet.com, LLC, 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.com, LLC may also suspend or discontinue the Content and Website without notice.
Notwithstanding EnergyNet.com, LLC's termination rights, EnergyNet.com, LLC 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.
The second paragraph of Section 1 and Sections 2, 3, 6, 7, 8, 10, 12, 13, 14, 15, 16 and 17 shall survive any termination or expiration of this Agreement.
12. DISCLAIMER OF WARRANTIES
THE CONTENT AND WEBSITE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ENERGYNET.COM, LLC HEREBY DISCLAIMS ALL WARRANTIES 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.COM, LLC DOES NOT WARRANT THAT THE OPERATION OF THE CONTENT AND WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR COMPLETELY COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. ENERGYNET.COM, LLC SHALL NOT BE LIABLE FOR ERRORS, OMISSIONS, VIRUSES, DELAYS OR INTERRUPTIONS IN THE CONTENT AND WEBSITE CAUSED BY ANY REASON, INCLUDING NEGLIGENCE OR FAILURE TO ACT OF ENERGYNET.COM, LLC 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 VIRUSES, DENIAL OF SERVICE ATTACKS, OR ANY OTHER CAUSE REASONABLY BEYOND THE CONTROL OF ENERGYNET.COM, LLC.
THE CONTENT AND WEBSITE COMPILES INFORMATION PROVIDED BY THIRD PARTIES AND ENERGYNET.COM, LLC GIVES NO WARRANTY OR GUARANTEE AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION PROVIDED TO ENERGYNET.COM, LLC OR ENERGYNET.COM, LLC'S REPRODUCTION THEREOF.
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.COM, LLC AND (AS APPLICABLE) ENERGYNET.COM, LLC'S SUBSIDIARIES, 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.COM, LLC OR A THIRD-PARTY ACTED NEGLIGENTLY.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD ENERGYNET.COM, LLC AND (AS APPLICABLE) ENERGYNET.COM, LLC'S SUBSIDIARIES, 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 AND CONDITIONS OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
ANY CONTROVERSY, DISPUTE, OR CLAIM BETWEEN THE PARTIES RELATING TO THIS AGREEMENT 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 AND CONDITIONS ARE DEEMED TO BE MADE AND EXECUTED IN POTTER 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.
17. No Waiver
The failure of EnergyNet.com, LLC 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 and conditions may not be assigned or transferred by you.
19. Changes to These Terms
These terms and conditions may be changed by EnergyNet.com, LLC 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 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.com, LLC 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.com, LLC 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.com, LLC.
e. Data and listings on EnergyNet.com do not constitute a public offering and are made only to qualified persons. Data and listings on EnergyNet.com 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.com, LLC has made reasonable efforts to provide accurate information, EnergyNet.com, LLC cannot guarantee the completeness, timeliness or accuracy of the information contained herein. Nothing in this Website constitutes investment advice. Any decisions based upon the information contained in this Website are the sole responsibility of the user.
23. EnergyNet.com, LLC 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.