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Website Terms & Conditions of Use
EnerVest, Ltd. and its affiliates (“EnerVest”) operate this Website (“Site”) for the convenience and information of its investors. For information directed to the public at large, please visit EnerVest’s general website.
As used in these Terms and Conditions, “you” shall mean both any investor that authorizes, designates or allows an individual to visit or use the Site on its behalf, and any individual, whether authorized or not, visiting or using the Site.
Agreement and Acceptance
Your use of the Site is subject to the following Terms and Conditions of Use (“Terms and Conditions”). By logging on and using the Site (other than to read these Terms and Conditions), you agree to and accept the Terms and Conditions. If you do not agree to the Terms and Conditions, please do not use the Site.
EnerVest may modify the Terms and Conditions at any time in its sole discretion. Any modification will take effect immediately on posting. Please review the Terms and Conditions periodically, because each time you use the Site, you are deemed to be on notice of any and all modifications that have been posted, and your use will be subject to the Terms and Conditions then in effect.
EnerVest grants you a limited, nonexclusive, nontransferable and revocable license to view, bookmark, print, download and store pages within the Site solely for internal institutional, informational and noncommercial purposes or as EnerVest has otherwise expressly authorized in writing. EnerVest reserves all rights that it does not expressly grant in these Terms and Conditions.
Modifications to Site
EnerVest may restrict access to, modify, suspend or discontinue any aspect, feature or portion of the Site, including without limiting content, hours of availability or equipment, software or utilities needed for access or use, in its sole discretion at any time, without notice and without liability. You specifically agree that EnerVest shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment, services and software needed for access to and use of this Site.
You shall use the Site for lawful purposes only. You shall not:
- Modify, copy, distribute, transmit, reproduce, post, publish, emulate, clone, disassemble, decompile, reverse engineer, participate in the transfer, sale or license of, create derivative works from or exploit in any way any data, information, products, services or other content or materials whatsoever, in whole or in part, on, obtained from or generated by this Site (collectively, “Content”) or otherwise reproduce any portion of the Content or incorporate any portion of it into any information retrieval system, electronic or mechanical;
- Frame or otherwise redeliver any text, image, text or Content on the Site on another website;
- Engage in any conduct that, in EnerVest’s sole discretion, restricts or inhibits any other investor from using or enjoying the Site;
- Use the Site, or permit the Site to be used, in violation of any applicable law, regulation or policy, or in violation of any third parties” rights;
- Engage in any conduct, including without limitation using a means of repeated automated access to the Site, that could damage, disable, interfere with or overburden the Site, the Content, or any accounts, networks, servers or systems associated with the Site;
- Engage in reverse engineering of or hacking into any process, application, service, network or system related to the Site, or in hacking, password or data mining, or any other method intended or likely to bypass any security measure, including without limitation user authentication or access-limiting device, of the Site, the Content, or any accounts, networks, servers or systems associated with the Site; or otherwise obtain or attempt to obtain access to any portion or feature of the Site that EnerVest has not authorized you to access;
- Post or transmit through the Site any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or that, without EnerVest’s express prior written consent, contains advertising or any solicitation with respect to products or services; or
- Modify, copy, obscure, remove or display EnerVest’s trademarks, service marks, name, logos, graphics, text or images without EnerVest’s express prior written consent.
Portions of the Site are password-protected and require registration and setting of login information. EnerVest will assign and send you at least one initial user name and password, which you may change. The user name and password will give access to portions of the Site relating to the fund or funds in which you are participating. You are responsible for selecting and designating the individual or individuals who are authorized to use the Site on your behalf (collectively, “Authorized Agents”). You shall give EnerVest written notice of your Authorized Agents, including without limitation the names and such other personally identifying information as EnerVest may request, and shall update this information when necessary to keep it complete and accurate. If you terminate the authority of an Authorized Agent to use the Site, you shall give EnerVest prompt written notice of termination.
Also, some portions or features may require you to set an authenticating answer to a security question and then provide the answer you have designated during later visits. You specifically agree to provide EnerVest with current, complete and accurate information as prompted during the registration process and to update this information when necessary to keep it complete and accurate.
Your user name, password and right to use this Site are not transferrable, except to the extent that you may delegate use of them to your Authorized Agents. You are responsible for maintaining the confidentiality of your user names, passwords and security questions and answers (“Security Details”) that you use to access any page or feature of the Site, and for logging out of the secured portions of the Site. You are responsible for any and all activity that occurs under any of your Security Details (including without limitation the use of the Site by an Authorized Agent or any individual to whom you have divulged or allowed access to any portion of your Security Details), whether intentionally or through negligence, negligent entrustment, misconduct or carelessness, or failure to implement, use or maintain appropriate security policies and measures. If you become aware of suspicious or unauthorized conduct or otherwise have reason to believe that a breach of your account security has occurred, notify EnerVest immediately at email@example.com. EnerVest will not be liable for any loss, damage or claim that arises from your failure to comply with this Section “Account Security.”
To protect your Security Details, it is advisable to establish, implement and maintain an internal security policy and not disclose the Security Details to anyone except in accordance with it. It is also advisable, when you have finished a visit to the Site, to log off and close your browser window. This action prevents others from accessing your account and is especially important if others have access to the computer you have used.
Your authorization to use this Site automatically terminates if you breach any provision of the Terms and Conditions. EnerVest, in its sole discretion, may terminate your access to and use of the Site, permanently or temporarily, at any time and for any reason whatsoever, without notice or liability. In no event will EnerVest be liable to you or to any third party for termination of your access to or use of the Site.
Nature and Timeliness of Site Content
The Content on this Site is provided only for informational, educational and noncommercial purposes. Although EnerVest may provide data, information and other Content relating to financial investments and opportunities, you should not construe any such information as providing specific commercial, financial, investment, accounting, tax or legal advice, nor as recommending any sale, purchase or other action relating to investments. All data, information and other Content on the Site is current only as of the date and time posted or indicated and may have been superseded, whether by later market events or other factors. It is your sole responsibility to evaluate the merits and risks associated with the use of any data, information or Content on the Site and to evaluate their accuracy, completeness, usefulness and to verify that such data, information or Content is still current, before making any decision in reliance on them. You are also responsible for ensuring that the cache settings in your browser software are causing the most recent data to be displayed. You are advised to use independent judgment and seek legal, financial and other professional counsel as appropriate. Under no circumstance will EnerVest be liable for any loss or damages caused by your reliance on data, information or Content obtained through the Site. In exchange for obtaining access to the data, information and other Content on the Site, you specifically agree not to hold EnerVest, its affiliates, or its third-party information providers, if any, liable for any claim for damages arising from any decision you make based or in reliance on data, information or other Content on the Site.
Third-Party Links and Information
The Site may contain hyperlinks to external websites that are not controlled by EnerVest. EnerVest is not responsible for the content, products, services, availability or privacy practices of any external website to which the Site links. By linking to a third-party Website, EnerVest and its affiliates are in no way recommending the purchase or sale of securities issued by any company, endorsing services that may be offered by any third-party Website’s owner or sponsor, nor endorsing, authorizing or sponsoring any such Website or its owners, or services.
Data and other information on the Site that are provided by third parties are believed by EnerVest to come from reliable sources. Opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties may be those of the respective authors and not of EnerVest, and EnerVest does not guarantee and is not responsible for their accuracy, timeliness, completeness or fitness for use. Neither EnerVest nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Disclaimer of Warranty; Limitations of Liability below for the complete provisions governing disclaimers of warranty and limitations of liability.)
You will use any third-party content, whether provided on this Site or on a third-party Website to which this Site links, at your own risk.
Disclaimer of Warranties; Limitation of Liability
(A) YOU EXPRESSLY AGREE THAT YOU USE THE SITE AT YOUR SOLE RISK. NEITHER ENERVEST, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY INFORMATION PROVIDERS OR VENDORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, DATA, CONTENT, SERVICE, OR PRODUCT PROVIDED THROUGH THE SITE.
(B) THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS PROVIDED BY LAW, NEITHER ENERVEST NOR ANY OF ITS THIRD-PARTY INFORMATION PROVIDERS AND VENDORS HAS ANY RESPONSIBILITY TO MAINTAIN THE CONTENT, PRODUCTS OR SERVICES OFFERED ON THE SITE NOR TO SUPPLY CORRECTIONS, UPDATES OR RELEASES. ENERVEST, ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE,, AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS OR CONTINUED AVAILABILITY, WITH RESPECT TO THE SITE, ANY DATA, INFORMATION, CONTENT, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE, USE OF THE SITE, CONTENT, PRODUCTS OR SERVICES AND THE RESULTS OF THE USE OF THE SITE, CONTENT, PRODUCTS OR SERVICES, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. YOUR SPECIFIC RIGHTS MAY VARY FROM JURISDICTION TO JURISDICTION.
(C) ENERVEST, ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO ANY DELAYS IN ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY DATA, INFORMATION, CONTENT, PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE.
(D) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ENERVEST IS NOT LIABLE FOR THE ILLEGAL, DEFAMATORY OR OFFENSIVE CONDUCT OF OTHER SITE USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(E) IN NO EVENT WILL ENERVEST, ITS THIRD-PARTY INFORMATION PROVIDERS OR VENDORS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INCOME, GOODWILL, USE, DATA OR INTANGIBLE LOSSES, OR DAMAGES CAUSED BY THEFT, UNAUTHORIZED ACCESS, SYSTEMS FAILURE OR COMMUNICATIONS LINE FAILURE, ANY LOSS OF USE OF YOUR COMPUTER OR LOSS OR CORRUPTION OF DATA, OR THE COSTS OF SYSTEM OR DATA RECOVERY OR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT A JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, THE LIABILITY OF ENERVEST, ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS IS LIMITED TO THE EXTENT PERMITTED BY SUCH JURISDICTION’S LAW.
(F) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER ENERVEST NOR ITS AFFILIATES NOR INFORMATION PROVIDERS OR VENDORS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. PRIOR TO THE EXECUTION OF A SECURITIES TRADE, YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. ENERVEST, ITS AFFILIATES AND INFORMATION OR CONTENT PROVIDERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE DATA, INFORMATION OR CONTENT PROVIDED ON THE SITE. NEITHER ENERVEST, NOR ITS AFFILIATES NOR INFORMATION OR CONTENT PROVIDERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THE DATA, INFORMATION AND CONTENT ON THE SITE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE DATA, INFORMATION OR CONTENT ON THE SITE.
(G) NO ENERVEST AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION TO THE FOREGOING WARRANTIES.
(H) Some states and countries do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations and exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state.
You agree to indemnify, defend and hold harmless EnerVest, its subsidiaries, affiliates, and each of the officers, directors, employees and agents of EnerVest and its subsidiaries and affiliates, from and against all claims, demands, liabilities, losses, damages or expenses, including without limitation costs of court and attorneys’ fees, arising out of your violation of any of the Terms and Conditions or of your improper use of or access to the Site.
Due to the global nature of the Internet, individuals who are not present within the United States may visit the Site. In using the Site, you specifically agree to comply with all laws, codes, regulations and rules of the country in which you reside and the country from which you access the Site and which apply to your account and your online conduct. You additionally agree to comply with all applicable laws, codes, regulations and rules regarding the transmission of technical data exported from the United States.
Each investment product and service on this Site is intended to be made available only to residents of the United States. This Site is not to be deemed to be a solicitation for or offering of any investment product or service to any person in any jurisdiction in which a solicitation or offering would be illegal.
Copyright & Trademarks
The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to text, photos, graphics, and logos. The entire Site content is copyrighted as a collective work under United States copyright law.
“EnerVest, Ltd.,” and each of their logos are trademarks and service marks of EnerVest. Any other trademarks, service marks and logos that may be on this site are the property of their respective owners.
EnerVest expressly prohibits the use of any of its Content, trademarks, service marks, logos, graphics and trade dress without its prior written consent. To request permission, e-mail EnerVest at firstname.lastname@example.org. EnerVest specifically and without limitation prohibits the use of any of its trademarks, service marks, logos, graphics and trade dress in any way or context that disparages EnerVest, that is likely to cause confusion in investors or the general public, or that appears to connect EnerVest with any product or service that is not its.
Copyright Policy and Claim Information
EnerVest respects the rights of all copyright holders and has a policy that provides for the termination in appropriate circumstances of users and third-party information providers who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact EnerVest with:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit EnerVest to locate the material;
- Information reasonably sufficient to permit EnerVest to contact the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries please contact EnerVest’s designated copyright agent:
1001 Fannin, Suite 800
Houston, TX 77002
No Use By Children Under 13
This site is not directed to nor intended to be used by children under the age of 13 (“Minors”). In compliance with the Children’s Online Privacy Protection Act, EnerVest does not permit registration by Minors, does not issue user names and passwords to Minors and will not knowingly collect personally identifiable information from Minors without prior written parental permission.
These Terms and Conditions constitute the entire agreement of the parties with respect to Site use and supersedes all contemporaneous or prior agreements between the parties. No amendment to or modification of these Terms and Conditions will be binding unless in writing and signed by a duly authorized representative of EnerVest. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If a court of competent jurisdiction holds any portion of these Terms and Conditions to be unenforceable, the unenforceable portion will be construed in accordance with applicable laws nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect.
This Agreement shall be construed in accordance with the laws of the State of Texas, without regard to its conflict of laws rules. Venue for any litigation under these Terms and Conditions shall lie in Harris County, Texas. By using the Site, you consent and submit to the personal jurisdiction of the State District Court of Harris County, Texas and the United States District Court for the Southern District of Texas. The section headings used herein are for convenience only and shall have no legal or contractual effect.
These Terms and Conditions of Use were last revised December 2011.