By accessing or using this website (the “Site”) of PetroRock Energy, LLC and its affiliates (collectively, "PetroRock"), you hereby accept and agree to comply with these Terms and Conditions of Use. You acknowledge your understanding that these Terms and Conditions of Use constitute a binding agreement between you and PetroRock (sometimes referred to as “we” or “us”) that governs your access and use of the Site, which includes any images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, systems and methods of trading, video clips, graphics, user interfaces, visual interfaces, information, data, tools, products, written materials, services and other content (together, "Content"), including but not limited to the design, structure, selection, coordination, expression and arrangement of the Content available on or through the Site. PetroRockl reserves the right to make changes to the Site and these Terms and Conditions of Use at any time without prior notice to you.
IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED HEREIN, DO NOT USE THE SITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
LIMITED RIGHT TO USE
PetroRock authorizes you to view and access a single copy of the content available on this Site for your own use. You are not permitted to reproduce or distribute to third parties any such content for commercial use. Please be advised that PetroRock may record certain usage information, such as the number and frequency of visitors to this Site.
THIRD PARTY CONTENT & LINKED SITES
References on this Site to any names, marks, products or services of third parties, or hypertext links to third party sites or information or Content provided by third parties, are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, its information, materials or services. We are not responsible for the practices or policies of such third parties, nor the Content of any third party sites, and do not make any representations regarding third party materials or services, or the Content or accuracy of any material on such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk.
NO OFFERS OR RELIANCE
The information on this Site is provided for informational purposes only. This Site contains general information about PetroRock for management teams and individuals considering possible business with our firm. No Content or other material on the Site shall be used or considered as an offer to sell or a solicitation of any offer to buy the securities or services of PetroRock or any other issuer. Offers can only be made where lawful under, and in compliance with, applicable law.
PetroRock makes no representations that transactions, products or services discussed on the Site are available or appropriate for sale or use in all jurisdictions or by all investors. Those who access the Site do so at their own initiative and are responsible for compliance with local laws or regulations.
While PetroRock uses reasonable efforts to obtain information from reliable sources, PetroRock makes no representations or warranties as to the accuracy, reliability or completeness of any information or document at the Site obtained outside of PetroRock. Certain information on the Site may contain forward-looking statements, which are subject to risks and uncertainties and speak only as of the date on which they are made. The words "believe", "expect", "anticipate", "optimistic", "intend", "aim", "will" or similar expressions are intended to identify forward-looking statements. PetroRock undertakes no obligation to update publicly or revise any information herein, whether as a result of new information, future developments or otherwise. Opinions and any other Contents at the Site are subject to change without notice.
PetroRock is not utilizing the Site to provide investment or other advice, and no information or material at the Site is to be deemed a recommendation to buy or sell any securities or is to be relied upon for the purpose of making or communicating investment or other decisions. In addition, no information, Content or other materials contained on the Site should be construed or relied upon as investment, legal, accounting, tax or other professional advice or in connection with any offer or sale of securities. Any transactions listed on the Site are included as representative transactions and are not necessarily reflective of overall performance.
PetroRock does not advise on the tax consequences of any investment.
NO WARRANTY, LIMITATION ON LIABILITY
By using the site, you expressly agree that such use is at your sole risk. The site and related services are provided on an "as is", "as available" and “with all faults” basis. Neither PetroRock nor any of its respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "associates") warrant that use of the site or related services will be uninterrupted or error-free. Neither PetroRock nor its associates warrant the accuracy, integrity, completeness, availability or timeliness of the content provided in the site or the materials or services offered in the site now or in the future. PetroRock and its associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose or non-infringement of the site, information on the site or the results obtained from use of the site or related services.
PetroRock further assumes no responsibility for, and makes no warranties that that defects will be corrected, or that the Site or the server that makes it available will be free of viruses or other harmful components. PetroRock shall not be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed on your computer on account of your accessing the Site.
Under no circumstances will PetroRock or its associates be liable to you or anyone else for any direct, consequential, incidental, special, exemplary, punitive or other indirect damages, including but not limited to lost profits, trading losses, unauthorized access, systems failure, communications line failure, internet failure or damages that result from use or loss of use of the site, content, inconvenience or delay. This is true even if PetroRock has been advised of the possibility of such damages or losses.
Any Content downloaded or otherwise obtained through the Site is done at your own discretion and risk and you are solely responsible for any damage to your computer or other electronic system or loss of data that results from the download of any such Content. The foregoing limitation of liability will apply in any action, whether in contract, tort or any other claim, even if an authorized representative of PetroRock has been advised of or should have knowledge of the possibility of such damages.
As a condition of your use of the Site, you agree to indemnify and hold PetroRock and its Associates harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorney’s fees), as incurred, arising from your use of the Site or related services or from your violation of these Terms and Conditions of Use.
Headings used in these Terms and Conditions of Use are for reference purposes only and in no way define or limit the scope of the section. These Terms and Conditions of Use are governed by the laws of New York (except for conflict of law provisions). Any claim related to any dispute arising as a result of the Site or under these Terms and Conditions of Use will be made before a court of competent jurisdiction located in New York. If any provision of these Terms and Conditions of Use is held to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable. The failure of PetroRock to act with respect to a breach of these Terms and Conditions of Use by you or others does not constitute a waiver and will not limit PetroRock’s rights with respect to such breach or any subsequent breaches.
By using the Site, you agree that PetroRock, at its sole discretion, may require you to submit any disputes arising from the use of the Site, related services or these Terms and Conditions of Use concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section.
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