EnergyNet Seller Account Registration

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EnergyNet.com, Inc. 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" provided by EnergyNet.com, Inc.:

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, Inc. has the right, but is not obligated, to strictly enforce any term or condition through self-help, active investigation, 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, Inc. 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.

The Website and Content incorporate third-party software and data, including but not limited to Google Earth, Google Maps, content licensed to Google for use in these products,  DrillingInfo.com, and IHS Energy.  These software programs 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 and conditions. Such documents include, as applicable and without limitation, the EnergyNet.com, Inc. Privacy of Consumer Financial Information, Buyer's Representations and Warranties, Buyer's Agreement to Purchase Properties, Lessee's Agreement to Lease Minerals, Lot Descriptions, Lot Properties, Property Information Sheets, Internet 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, Inc. Connects Buyers and Sellers

EnergyNet.com, Inc. acts as a venue for connecting buyers and sellers of oil and gas properties.  EnergyNet.com, Inc. 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, Inc. does not transfer legal ownership of properties from the seller to the buyer.  You use the EnergyNet.com, Inc. 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 and sale.  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, Inc. Auction website are password protected and only accessible to qualified buyers and sellers who have been pre-approved by EnergyNet.com, Inc. 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 computer, 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.

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, Inc. 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, Inc. Terms and Conditions and all documents and disclosures incorporated by reference in electronic form.

7. Intellectual Property Rights

Copyright 1999-2017 EnergyNet.com, Inc.  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, Inc.  You shall not in any manner violate or attempt to impair the Rights of EnergyNet.com, Inc.  Unless otherwise noted, other EnergyNet.com, Inc.'s graphics, logos, designs, page headers, button icons, scripts, and names may be registered trademarks, trademarks or trade dress of EnergyNet.com, Inc. in the U.S. and/or other countries.  EnergyNet.com, Inc.'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) is a registered U.S. trademark; and the EN Logo (Serial No. 85/463286), The Only Continuous Online Oil & Gas Property Marketplace Specializing In Auction And Negotiated Sales 24/7/365 (Serial No. 85/499060), Liquidity Through Technology For Oil & Gas Properties (Serial No. 85/497625), and EnergyNet: The Proven Auction Advantage (Serial No. 85/490666) are pending U.S. trademark applications of EnergyNet.com, Inc.  The Website is the subject of a pending copyright application. 

Third-party providers, trade organizations, sellers, federal and state agencies, and other entities have trademarks that are used in the course of EnergyNet.com, Inc'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, Inc. irreparable harm for which money damages alone would be inadequate.  In addition to damages and any other remedies to which EnergyNet.com, Inc. may be entitled, you agree that EnergyNet.com, Inc. may seek injunctive relief to prevent the actual, threatened or continued breach of this agreement.

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

EnergyNet.com, Inc. does not claim ownership rights in the content supplied by third-parties, including sellers. You grant EnergyNet.com, Inc. 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, Inc. to store or re-format the content you submit on the Website and display your content on the Website in any way EnergyNet.com, Inc. deems advisable.

11. Termination

EnergyNet.com, Inc. 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, Inc., 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, Inc. may also suspend or discontinue the Content and Website without notice.

Notwithstanding EnergyNet.com, Inc.'s termination rights, EnergyNet.com, Inc. 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, INC. 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, INC. 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, INC. 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, INC.  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, INC.

THE CONTENT AND WEBSITE COMPILES INFORMATION PROVIDED BY THIRD PARTIES AND ENERGYNET.COM, INC. GIVES NO WARRANTY OR GUARANTEE AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION PROVIDED TO ENERGYNET.COM, INC. OR ENERGYNET.COM, INC.'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, INC. AND (AS APPLICABLE) ENERGYNET.COM, INC.'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, INC. OR A THIRD-PARTY ACTED NEGLIGENTLY.

14. INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD ENERGYNET.COM, INC. AND (AS APPLICABLE) ENERGYNET.COM, INC.'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.

15. DISPUTES

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, Inc. 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, Inc. immediately upon notice.  Continued use of the Website following any change constitutes acceptance of the change.

Agreement and Statement Concerning Property Review Listing

20. 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.

21. EnergyNet.com, Inc. 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;

22. Follow-up, individualized responses to persons in any State or United States Territory by EnergyNet.com, Inc. 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.

23. 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, Inc.

24. 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.

25. This website is maintained solely for the personal use of visitors. Although EnergyNet.com, Inc. has made all reasonable efforts to provide accurate information, EnergyNet.com, Inc. 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.

26. EnergyNet.com, Inc. will not disclose to any third party (including other bidders and sellers) confidential information used during the auction process such as a bidder's customer history, proxy bid amount, or a seller's reserve price without the express permission of the bidder or seller.
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