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terms of use / Privacy policy

 

ANSCHUTZ EXPLORATION CORPORATION WEBSITE TERMS OF USE

(Date of Last Revision: October 31, 2016)

The website http://anschutz-exploration.com (hereinafter, the "Site") is owned and operated by Anschutz Exploration Corporation, a Delaware Corporation ("Owner," "we," or "us").  The Site provides information related to the Owner’s oil and gas projects (the "Projects").  

The Terms and Conditions of Use Agreement ("Terms of Use" or "Terms") and the Privacy Policy constitute a binding agreement ("Agreement") between you and Owner.  Please read carefully through all sections of the Terms of Use and the Privacy Policy.  Your access to and use of the Site is subject to the Terms of Use, the Privacy Policy and all applicable laws.  By accessing the Site, you agree to be bound by the Terms of Use and the Privacy Policy.  If you do not agree to the Terms of Use and the Privacy Policy, then you may not use the Site.  The Terms of Use and Privacy Policy may be changed by us from time to time without notice to you and the governing version will be posted on the Site.  Please review the posted terms on a regular basis as your use of the Site will be governed by the then-current Terms of Use and Privacy Policy.

Proprietary Rights

Owner provides the Site solely for your personal, non-commercial use.  You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of Owner's or its licensors' intellectual property rights.  You may not copy or post any content of the Site in any other public forum, including other websites, web services, or print publications without the written consent of Owner.  You may download and/or print one copy of individual pages of the Site or documents available for download for your personal, non-commercial use.  Owner or its licensors own all trademarks and service marks appearing on the Site.  The unauthorized use or misuse of these trademarks and service marks is prohibited.  

Prohibited Activities

The following activities are expressly prohibited from the Site: 

  • Using or submitting any offensive content including, but not limited to, obscene language, obscene references, obscene images, threatening or harassing messages, or defamatory statements.
  • Engaging in activity that compromises the Site.  Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, and mail bombing or crashing.
  • Engaging in any activity designed to impede the use of the Site by other users, including overloading and flooding.
  • Framing or deep linking into the Site.
  • Accessing the Site by means of automated processes, spiders, bots or similar devices.

Federal and State Laws  

The Site is operated from the United States.  When using the Site, you must obey all applicable federal, state and local laws.  Any use of the Site that violates any applicable laws will be grounds for discontinuing your rights to access the Site.  

Disclaimer of Warranties

THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  THIS INCLUDES ANY LISTING OF ANY THIRD-PARTY GOODS OR SERVICE PROVIDER INCLUDED IN THE SITE.  ANY LINKS TO A THIRD-PARTY GOODS OR SERVICE PROVIDER IS SUPPLIED AS A CONVENIENCE TO YOU, AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT.  OWNER DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. 

OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, MATERIAL ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

BY PROVIDING THE SITE, OWNER DOES NOT IN ANY WAY PROMISE THAT THE SITE OR ITS FEATURES WILL REMAIN AVAILABLE TO YOU.  OWNER IS ENTITLED TO TERMINATE ALL OR PART OF THE SITE AT ANY TIME, IN ITS SOLE DISCRETION, AND WITHOUT NOTICE TO YOU.  OUR SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

Limitation of Liability

THE LIABILITY OF OWNER AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD PARTY SERVICE PROVIDERS, WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, ONE HUNDRED ($100) U.S. DOLLARS.  

IN NO EVENT WILL OWNER AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD PARTY SERVICE PROVIDERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF Owner IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. You expressly waive all rights you may have under Section 1542 of the California Civil Code, which states:  A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

Indemnification

You agree to indemnify Owner and its affiliates, employees, agents, representatives and third party service providers, and you agree to defend and hold each of them harmless from any and all claims, demands, actions, liability, fines, penalties and expenses, including reasonable attorney's fees and costs,  whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Site, or the acts of another user using your computer, mobile device or account.  Such acts may include, but are not limited to: submissions, unauthorized use of material obtained through the Site, or your breach of the terms of these Terms of Use.  

Third-Party Links

The Site may contain links to other third-party websites.  Such third-party websites are maintained by persons or organizations over which Owner exercises no control.  Owner expressly disclaims any responsibility for the content or results from your use of such third-party links.

Copyright Complaints

Owner respects the intellectual property of others.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Owner's copyright agent with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • Description of the copyrighted work that you claim has been infringed;
  • The location on the Site of the material that you claim is infringing; 
  • Your address, telephone number and e-mail address;
  • A statement that your claim of infringement is based on a good faith belief; and 
  • A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Owner’s agent for notice of claims of copyright infringement on the Site can be reached by contacting us at the address below.

Miscellaneous Provisions

 Severability.  If any term or provision in the Agreement is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable.  If the offending provision cannot be so modified, then the same shall be deemed stricken from the Agreement in its entirety, and the remainder of this Agreement shall survive with the said offending provision eliminated.

Website Availability.  Because public networks, such as the internet, occasionally experience disruptions, Owner cannot guarantee the Site will be available 100% of the time.  Although Owner strives to provide a reliable website, interruptions and delays in accessing the Site are unavoidable, and Owner disclaims any liability for damages resulting from such problems.

Typographical Errors.  Information on the Site may contain technical inaccuracies or typographical errors.  We attempt to make the Site’s postings as accurate as possible, but Owner does not warrant the content of the Site is accurate, complete, reliable, current, or error-free.  

Headings.  Section headings are for convenience of reference only and shall not affect the interpretation of this Agreement.

Dispute Resolution.   Any dispute arising out of or relating in any way to your use of our Site, shall be submitted to confidential, binding arbitration in Denver, Colorado before one arbitrator.  The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures.  The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.  No arbitration under these Terms of Use may be joined with another arbitration related to the subject matter hereof.  Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of Denver, Colorado, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto.  We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. 

Controlling Law and Venue.  It is understood and agreed that all the construction and interpretation of this Agreement and the relationship between the parties shall at all times and in all respects be governed by the internal laws of the State of Colorado, without giving effect to the conflict of laws provisions thereof.  With the exception of any matters subject to arbitration as described above, venue of any action brought to enforce or relating to this Agreement or arising out of the relationship between the parties shall be brought exclusively in the courts of Denver, Colorado.  

Questions

If you have any questions about Owner, the Site, our Project, the Privacy Policy, or the Terms of Use, you may contact us at: 

Anschutz Exploration Corporation,

555 Seventeenth Street, Suite 2400
Denver, CO 80202

ANSCHUTZ EXPLORATION CORPORATION PRIVACY POLICY

(Date of Last Revision: October 31, 2016)

What this Privacy Policy Covers

This Privacy Policy covers how Anschutz Exploration Corporation, a Delaware Corporation ("Owner," "we," or "us") treats non-personally identifiable and Personal Data that we collect when you are on and navigate our website, and when you contact Owner or request information from Owner through methods provided on the website.  This policy does not apply to the practices of companies that we do not own and/or control or to people that we do not employ or manage.

Owner recognizes the importance of protecting the privacy of the users of our websites. However, some uses of such information are required for us to conduct legitimate business by providing information of interest to our current and prospective clients, or other users of our websites.  

This Privacy Policy is also part of the Terms of Use for the Site, which constitutes a binding agreement ("Agreement") between you and Owner.  Terms not defined herein shall have the definition set forth in the Terms of Use.  Please read carefully through all sections of this Privacy Policy.  Your access to and use of the Site is subject to this Privacy Policy and all applicable laws.  

By accessing and/or otherwise using the Site, or by submitting your information to Owner to request information about our Projects, our company, or otherwise, you agree to Owner's use of the non-personal and Personal Data we collect through your use of the Site as set forth below in this Privacy Policy.  If you do not agree to this Privacy Policy, then you may not use the Site and you should not submit your Personal Data to the Site or the Owner.  Except as otherwise provided below, this Privacy Policy may be changed by us from time to time without notice to you, and the governing version will be posted on the Site.  Please review this Privacy Policy on a regular basis as your use of the Site will be governed by the then-current Privacy Policy.

Notice to California Residents

We do not disclose your Personal Data to any third party for the third party's direct marketing purposes.  Thus, under California Civil Code Sections 1798.80-1798.84, Owner has no obligation to a California resident to provide further information regarding Owner's use of the California resident's personal data.  Any inquiries regarding the Terms of Use or, specifically, this Privacy Policy can be directed to us at the address below.  

Notice to Utah Residents

We do not disclose your Personal Data to any third party for the third party's direct marketing purposes.  

Personal Data Collected

We may collect Personal Data from you when you contact Owner directly or request information be provided by Owner.  Depending upon what you are requesting, the collected "Personal Data" may include, for example, your name, address, telephone number, and e-mail address.  Except as provided herein, we will not distribute your Personal Data outside of Owner.  

Non-Personal Information Collected through Your Use of the Sites

   IP Address.  We may log all connections to our web servers.  Those log files will include your IP address.  An IP address is generally not considered to be Personal Data (with certain exceptions), but is a unique number that is automatically assigned to your computer whenever you access the internet.  We use your IP address to help diagnose problems with our server and to administer the Sites.  Additionally, we will use your IP address to track your navigation of the Sites and any internal website searches.  

    Cookies.  "Cookies" are small pieces of information stored in a user's browser that give the user a unique identification.  The Site may use Cookies for any purpose, including: creating a user session ID, counting the visits by one user, logging user UNIX computer time, and tracking user activity on the Site.  Cookies may or may not be established on a per session basis, and may or may not be stored by your browser until you delete cookies through your browser settings. For more information about cookies, please visit www.AboutCookies.org. If you do not want information collected through the use of cookies, you generally can opt out of providing this information by turning the cookies off in your browser.

    Clear Gifs.  We may also employ software technology called clear gifs (also known as web beacons) that help us better manage content on our Sites by informing us what content is effective.  Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of users.  Clear gifs and cookies are not tied to your personally identifiable information.

     Embedded Scripts. We may also utilize embedded scripts which collect usage information regarding your use of the Site.  We will use this information to improve the Site and your user experience.


How we Use Your Information
   How Your Non-Personally Identifiable Information May Be Used.  

  • To improve the performance or layout of the Site;
  • To develop new services and ideas; and
  • To better administer and troubleshoot our systems.

         How your Personal Data May be Used.  

  • To contact you or provide information regarding the Project, or other information you request or in which we believe you may be interested.

Information Sharing and Disclosure
Information we collect may be disclosed to a variety of parties, depending upon the purpose for which the information was provided and the context in which it was provided. When we transfer information to third parties, we use reasonable efforts to assure that they comply with our Privacy Policy and applicable legal requirements.  
If you register with or provide information to any of our Sites, your information may be aggregated and maintained as part of a profile.  We may access or use such information, and we may share such information with our current or future affiliated and related companies, or carefully selected third parties, to provide you with information in which we think you may be interested (subject to privacy laws and opt-in requirements of various countries, to the extent applicable to your information).  
We may also provide your personally-identifiable information to service providers or other companies who work on our behalf in order (for example, third parties hosting our servers or managing our email lists).  
In addition, in the event that we go through an existing or potential business transition, such as a merger, acquisition, liquidation or sale of all or a portion of our assets, Personal Data, will, in most instances, be part of the assets transferred.
We may, without your consent, access and disclose your personal information, any communications sent or received by you, and any other information that we may have about you to the extent we believe such disclosure is required by law, regulation, rule or court order; pursuant to requests from governmental, regulatory or administrative agencies or law enforcement authorities; or to prevent, investigate, identify persons or organizations potentially involved in, or take any action regarding suspected fraud, violations of our Terms of Use, or activity that appears to us to be illegal or we believe may expose us to legal liability.  Additionally, we may disclose personal information in situations that we believe to be emergencies involving potential threats to the physical safety or any person or property if we believe that your information in any way relates to that threat. 
If you do provide us with personal information, you may request the deletion of that information, or you may opt-out of information sharing or use of information as described in this Privacy Policy, by contacting us at the address below. 

Change of Control
We may sell to or buy other businesses or entities.  In such event, we may transfer or assign the information we have collected as part of such merger, acquisition, sale, or other change of control.  In such transactions, your Personal Data may be included in the transferred business assets.

Changes to this Privacy Policy
We reserve the right to change, modify or otherwise update this policy at any time.  These changes or updates will be effective when they are posted on this Site.  We may provide you notice of such changes when they are material, whether by including enhanced notice on this Site, by sending you an email, or by any other means which are commonly used to provide notice.  

Security
We will maintain commercially reasonable safeguards to ensure the security, integrity and privacy of your Personal Data.  However, you acknowledge that no electronic storage method or data transmission over the internet can be guaranteed to be 100% secure.  

Online Tracking
The Site does not treat browsers with a Do Not Track ("DNT") signal differently from those without one.  Moreover, the Site never collects personally identifiable information over time and across third-party websites or online services. 

Policies of Other Websites
The Site may contain links to third-party websites not owned or controlled by Owner. Owner is not responsible for the privacy policies of any third-party websites which user may access through a third-party link.  Further, these third-party websites may have privacy policies that differ from this Privacy Policy.  Owner disclaims all responsibility for the privacy practices of such other third-party sites.  You should read the privacy policies of each site you visit to determine what information that site may be collecting about you and how they intend to use such information.

Questions
If you have any questions about Owner, the Site, the Project, the Terms of Use or the Privacy Policy, you may contact us at: 

Anschutz Exploration Corporation
555 Seventeenth Street, Suite 2400
Denver, CO 80202