1. User’s Acknowledgment and Acceptance of Terms.
THE FOLLOWING TERMS AND CONDITIONS (“Terms of Use”) APPLY TO ALL VISITORS OF THIS WEB SITE. PLEASE READ THESE TERMS OF USE CAREFULLY. USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
WestPoint Oil & Gas reserves the right to change these Terms of Use from time to time in its sole discretion, without notice. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use periodically and to be aware of any modifications. Your continued use of this site after such modifications will constitute your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.
In addition, when using particular services on this site, users shall be subject to any posted guidelines or rules applicable to such services that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.
As used in these Terms of Use, references to our “Affiliates” include our officers, directors, subsidiaries, affiliated companies and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.
2. Forward Looking Statements.
This website includes "forward-looking statements" within the meaning of the Securities Act of 1933 and the Securities Exchange Act of 1934, and such statements are based on current expectations and assumptions that are subject to risks and uncertainties. All statements other than statements of historical facts included on this website, including, without limitation, statements regarding the registrant's future financial position, business strategy, budgets, projected costs and plans and objectives of management for future operations, are forward-looking statements. For information regarding risks and uncertainties associated with the Company's business, please refer to the "Risk Factors" and "Management's Discussion & Analysis of Results of Operations and Financial Condition" sections of the Company's SEC filings, including but not limited to, its annual report on Form 10-K and quarterly reports on Form 10-Q. As a result of these factors, WestPoint Oil & Gas, Inc.'s actual results may differ materially from those indicated or implied by such forward-looking statements. We undertake no duty to update or revise our forward-looking statements based on changes in internal estimates, expectations or otherwise, except as required by law.
3. Compliance with Laws.
Your use of the site is subject to all applicable laws, rules, and regulations, and you are solely responsible for compliance with applicable laws. Software and other materials from this site may be subject to United States Export Control. WestPoint Oil & Gas does not authorize the downloading or exportation of any software or technical data from this site to any jurisdiction prohibited by the United States Export Laws.
This site (excluding any linked sites) is controlled by us from our offices within the State of Oklahoma, United States of America. Access to this site content or materials from jurisdictions where such access is illegal is strictly prohibited.
4. Third-Party Sites and Information.
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials, and/or services provided by other parties. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either expressed or implied.
5. Intellectual Property Information.
For purposes of these Terms of Use, “content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site.
All content presented on this site is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. The WestPoint Oil & Gas marks and product names, custom graphics, icons, logos and service names, and certain other marks on this Web site are registered trademarks, trademarks, or service marks of WestPoint Oil & Gas or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of WestPoint Oil & Gas or its Affiliates.
Unless otherwise stated, WestPoint Oil & Gas is the owner of all copyright and database rights in the site and its contents. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from WestPoint Oil & Gas or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
Any information or material sent to WestPoint Oil & Gas through this site will be deemed NOT to be confidential or proprietary. By transmitting information to WestPoint Oil & Gas, you automatically assign to WestPoint Oil & Gas the right, and WestPoint Oil & Gas reserves the right, to use such communication or material for any purpose whatsoever, including reproduction, publication, broadcast, and posting for its own benefit without compensation or acknowledgement of its source.
6. Disclaimer of Warranties.
ALL INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
This site could include technical or other mistakes, inaccuracies, or typographical errors. The information on this site is not comprehensive and WestPoint Oil & Gas makes no commitment to update the information at any particular time. As a result, the information may not be accurate, up to date or applicable to a particular circumstance. WestPoint Oil & Gas cannot warrant the accuracy of the information at this site and any reliance on this information is at the sole risk of the user.
The use of the services or the downloading or other acquisition of any materials through this site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from such activities.
7. Limitation of Liability.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
8. Indemnification.
Upon a request by us, you agree to indemnify, defend, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees, which arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
9. Severability.
If any provision of these Terms of Use is found to be unlawful, void or unenforceable, then that provision shall be deemed severed from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
10. Governing Law.
Any dispute arising out of or related these Terms of Use shall be governed by the laws of the State of Oklahoma, without regard to the conflict of laws principles thereof and any action at law or in equity arising out of or relating to these Terms of Use shall be brought solely in the State of Oklahoma, United States of America, in Tulsa County State Court or the Northern District of Oklahoma Federal Court and you hereby irrevocably and unconditionally consent and submit to the exclusive personal jurisdiction and venue of such courts over any suit, action or proceeding arising out of these Terms of Use.
11. Entire Agreement.
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto.