Effective as of July 1, 2011
Welcome to www.recoveryenergyco.com (the “Site”), the website and online presence of Recovery Energy, Inc. (“Recovery Energy”, “we”, or “us”), a Denver-based independent oil and gas exploration and production company.
a. “Affiliate” means any business entity with which Recovery Energy has a business or contractual relationship, including, but not limited to, agents, partners, associates, and parent or subsidiary entities.
b. “Content” means any intellectual property, data, information or communications Transmitted via the Site by Recovery Energy or Users including, but not limited to, articles, audio, blog postings, comments, documents, editorial content, featured site profiles, files, images, listings, logos, messages, music, photos, postings, questions and answers, ratings, recommendations, reviews, sounds, site profiles, tags, text, trademarks, or videos.
c. “Recovery Energy Content” means Content Transmitted by Recovery Energy.
d. “Recovery Energy Technology" means the past, present and future intellectual property comprising the Site, including, but not limited to, all software, code processes, algorithms, user interfaces, know-how, techniques, organization, designs, text, images, photographs, illustrations, audio or video material, artwork, graphic material, podcasts, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectable elements of the Site and all other tangible or intangible materials related to, displayed, performed, or distributed on the Site and the Site itself, including, but not limited to, the selection, sequence, "look and feel", and arrangement of items on the Site, and all Recovery Energy trademarks, domain names, patents, and other intellectual property.
e. “Transmit” means uploading, submitting, posting, distributing, downloading, disseminating, receiving, or otherwise making available Content.
f. “User” means an individual who accesses and/or uses the Site.
g. “User Content” means any Content Transmitted by Users.
h. “Your Content” means any Content You Transmit via the Site.
II. Access to the Site and User Obligations.
a. Access to the Site. Recovery Energy is providing You with the information and functionality in the Site. You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, and any telephone, wireless or other connection and service fees associated with such access. The Site is available only to individuals and entities who can form legally binding contracts under applicable law. THE SITE IS NOT INTENDED FOR CHILDREN. IF YOU ARE UNDER 18 YEARS OF AGE, THEN YOU MAY NOT ACCESS OR USE THE SITE AT ANY TIME OR IN ANY MANNER. BY USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE, HAVE ATTAINED THE AGE OF MAJORITY IN YOUR JURISDICTION, CAN FORM LEGALLY BINDING CONTRACTS IN YOUR JURISDICTION, AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE. Recovery Energy reserves the right to deny access to the Site to anyone at any time in its sole and absolute discretion.
b. User Obligations. In consideration of Your use of the Site, You agree to be subject to certain obligations. For any personal information that You provide to us through the Site, You agree to provide true, accurate, current and complete information about yourself as prompted and You further agree that You will not use the Site for any purpose that is unlawful or prohibited by the Terms. If You provide any information that is untrue, inaccurate, incomplete or not current, or if Recovery Energy has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, Recovery Energy has the right to refuse any and all current or future use of the Site (or any portion thereof).
V. Recovery Energy Content. You acknowledge and agree that all Content on the Site is Recovery Energy Content, is owned, controlled, or licensed by Recovery Energy and is protected by copyright, trademarks, service marks, and/or other intellectual property rights, unless otherwise noted by us on the Site. You agree that You shall acquire no rights in Recovery Energy Content unless otherwise noted in writing by Recovery Energy. You may not copy, reproduce, frame, republish, download, upload, post, transmit, distribute, hyperlink, create derivative works or exploit Recovery Energy Content for commercial use in any way without the prior written consent of Recovery Energy. You may not take any of the following actions or encourage others to take the following actions: 1) use the Site to increase traffic to Your website for commercial reasons, such as advertising or sales; 2) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure; 3) “scrape” the Site, or use any bot, spider, scraper, data miner, or automated agent to access and/or or use the Site or gain access to and/or use any Content on the Site; 4) take Content from the Site and reformat and display said Content, or mirror and/or frame any pages of the Site on any other website; or 5) attempt to decipher, decompile, disassemble, or reverse engineer any Content from the Site. You acknowledge that if You violate this provision of the Terms, in addition to all other remedies available to Recovery Energy, we will be entitled to liquidated damages in the amount of $10,000 per violation. You agree and acknowledge that these liquidated damages are a fair and accurate estimate of Recovery Energy‘s actual damages resulting from a breach of this provision and shall not be construed as penalty or punitive damages against You.
a. License to Access and/or Use. Recovery Energy grants You a limited, personal, non-exclusive, non-transferable, freely revocable license to access and/or use the Recovery Energy Content and the Recovery Energy Technology that is on the Site solely for the purpose of learning about Recovery Energy, Recovery Energy’s services, and contacting Recovery Energy. You acknowledge and agree that with exception to this limited license You have no right to modify, edit, copy, reproduce, sell, create derivative works, or reverse engineer, alter, enhance, or in any way exploit any of the Recovery Energy Content, the Site, use of the Site, or access to the Site in any manner unless otherwise noted in writing by Recovery Energy. This limited license terminates automatically, without notice to You, if You breach any of the Terms.
b. Reservation of Rights. Recovery Energy reserves all rights not expressly granted in the Terms unless otherwise noted in writing by Recovery Energy.
c. Prevention of Unauthorized Use. Recovery Energy reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Site and Recovery Energy Content, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.
VI. User Content. Users may Transmit User Content to Recovery Energy via the Contact Us function on the Site and via the email addresses and fax number provided on the Site.
a. Retention of Ownership. Recovery Energy does not claim any ownership rights in Your Content. After You Transmit Your Content to Recovery Energy, You continue to retain ownership of Your Content, and You continue to have the right to use and license Your Content in any way You choose. Any of Your Content transmitted via Recovery Energy Technology must comply with the Terms.
b. License Grant to Recovery Energy. By Transmitting Your Content to Recovery Energy, You thereby grant Recovery Energy a worldwide perpetual, irrevocable, royalty-free, sub-licensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote Your Content in any way and in any commercial or non-commercial medium or form without compensation.
c. User Content Representations and Warranties. You are solely responsible for Your Content and all the consequences of Transmitting Your Content. By Transmitting Your Content, You affirm, represent, and warrant that (i) You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and for Recovery Energy to use Your Content as necessary to exercise the licenses granted by You in this section and in the manner contemplated by Recovery Energy and the Terms; (ii) Your Content does not and will not slander, defame, or libel any other person; (iii) the use of Your Content as permitted herein does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (iv) Your Content does not contain any viruses, adware, spyware, worms, trojan horses, malware, or other malicious code; and (v) Your Content is free of any digital rights management, including any software or other feature designed to limit the number of times Your Content may be copied or played. Violators of the Terms may be subject to criminal and civil liability. Recovery Energy reserves all rights and remedies against any Users who violate the Terms.
VII. Unsolicited Suggestions. Recovery Energy welcomes Your feedback and is open to suggestions made by Users. By submitting unsolicited suggestions, You agree that Recovery Energy may, but shall have no obligation to, use, modify, distribute, copy, and otherwise exploit such suggestions in any manner, as Recovery Energy sees fit, without restriction or limitation of any kind, and You grant to Recovery Energy a worldwide perpetual, irrevocable, royalty-free license to do so and to allow others to do so, and agree not to permit or prosecute any action or lawsuit on the ground that Recovery Energy’s use or alleged use of a suggestion infringes any of Your rights.
VIII. Forward-Looking Statements. This Site may include “forward-looking statements” as defined by the Securities and Exchange Commission (the "SEC"), including statements, without limitation, regarding the Company’s expectations, beliefs, intentions or strategies regarding the future. Such forward-looking statements relate to, among other things the Company's: (1) proposed exploration and drilling operations, (2) expected production and revenue, and (3) estimates regarding the reserve potential of its properties. These statements are qualified by important factors that could cause the Company’s actual results to differ materially from those reflected by the forward-looking statements. Such factors include but are not limited to: (1) the Company’s ability to finance its continued exploration and drilling operations, (2) positive confirmation of the reserves, production and operating expenses associated with the Company's properties; and (3) the general risks associated with oil and gas exploration and development, including those risks and factors described from time to time in the Company’s reports and registration statements filed with the SEC.
IX. Links to Other Websites or Services. The Site may include links or references to other websites or services (“Linked Sites”). Linked Sites are provided for Your convenience and information only. Recovery Energy does not control the availability and content of Linked Sites. Access and/or use of Linked Sites, including the information, materials, products, and services on or available through Linked Sites is solely at Your own risk. Our provision of links to these sites should not be interpreted as endorsement or approval by Recovery Energy of the organizations sponsoring these sites or their products or services. Because Recovery Energy has no control over third-party websites and resources, You acknowledge and agree that Recovery Energy is not responsible for the information and content of such third-party websites and does not endorse and is not responsible or liable for any content, statements, representations, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that Recovery Energy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with Your use or reliance on any such content, information, goods, or services available on or through any such site or resource. Any concerns regarding Linked Sites, or any information, resources, or services therein, should be directed to the operator of the particular Linked Site.
X. Changes to the Site and Termination. Recovery Energy or an Affiliate may discontinue or change the Site or any Recovery Energy Content, service, function, or feature of the Site at any time with or without notice. Recovery Energy has the right, but not the obligation, to take any of the following actions without providing any prior notice to You: (1) change or terminate any or all part of the Site and/or the Recovery Energy Content; (2) restrict or terminate Your access to all or any part of the Site; or (3) refuse, move, or remove any Recover Energy Content that is available on the Site. You agree that Recovery Energy, in our sole discretion and with or without notice, may terminate Your use of the Site (or any part thereof) for any reason, including, without limitation, for lack of use or if Recovery Energy believes that You have violated or acted inconsistently with the letter or spirit of the Terms. You agree that any termination of Your access to the Site under any provision of the Terms may be effected without prior notice, and acknowledge and agree that Recovery Energy may immediately bar any further access to the Site. Further, You agree that Recovery Energy shall not be liable to You or any third party for any termination of Your access to the Site or for any modification, suspension or discontinuance of the Site and/or the Recovery Energy Content.
XI. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RECOVERY ENERGY AND ITS SUPPLIERS, LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS WITH REGARDS TO THE SITE AND ALL CONTENT ON THE SITE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THE SITE AND ALL CONTENT THEREON IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
RECOVERY ENERGY AND ITS SUPPLIERS, LICENSORS AND AFFILIATES DO NOT WARRANT THAT THE DATA, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SITE OR ANY LINKED SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS, SOFTWARE OR HARDWARE, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU HEREBY ACKNOWLEDGE THAT THE SITE MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SITE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE RECOVERY ENERGY EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SITE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS.
RECOVERY ENERGY AND ITS SUPPLIERS, LICENSORS AND AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT (i) THE SITE AND INFORMATION AND MATERIAL THEREIN WILL MEET YOUR REQUIREMENTS, (ii) THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR CONTENT THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (iv) ANY ERRORS IN THE SITE OR CONTENT THEREIN WILL BE CORRECTED, AND (v) THE SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RECOVERY ENERGY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
XII. Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL RECOVERY ENERGY, OUR AFFILIATES, CONTRACTORS, OFFICERS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE CONTENT ON THE SITE OR ANY LINKED SITES, OR ANY OTHER INTERACTIONS WITH RECOVERY ENERGY, EVEN IF RECOVERY ENERGY OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
USERS WHO ARE CALIFORNIA RESIDENTS AGREE TO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO 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 OR HER SETTLEMENT WITH THE DEBTOR."
XIII. Indemnification. You agree to indemnify, defend, and hold Recovery Energy, our Affiliates, contractors, officers, employees, agents, or third-party partners, licensors, or suppliers harmless from any liability, loss, claim, demand or expense, including reasonable attorney’s fees, related to Your use of the Site, Your Connection to the Site, Your Content, Your violation or alleged violation of the Terms or Your infringement of any intellectual property right of any other person or entity, or access and/or use of the Site.
XIV. Waiver. The failure of Recovery Energy to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by duly authorized agent of Recovery Energy.
XV. Governing Law. The Terms will be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to its conflicts of law analysis.
XVI. Jurisdiction. You agree that any action at law or in equity arising out of or relating to the Terms or Recovery Energy will be filed only in the state or federal courts in and for the City and County of Denver, Colorado, and You hereby irrevocably and unconditionally consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action and expressly submit to extraterritorial service of process.
XVII. Dispute Resolution. You agree to first try to resolve any controversy, claim, or dispute arising out of or relating to the Terms or the access and/or use of the Site, with the help of a mutually agreed upon mediator in the City and County of Denver, Colorado. Any costs and fees other than attorney fees associated with the mediation shall be shared equally by the parties.
Attorney fees associated with the mediation shall be paid by the respective parties. If it proves impossible to arrive at a mutually satisfactory solution through mediation, You agree to submit the dispute to binding arbitration in the City and County of Denver, Colorado. Such arbitration shall be conducted in accordance with the then prevailing consumer arbitration rules of the American Arbitration Association (“AAA”), and judgment on the award rendered by the arbitrator(s) may be entered in the state or federal courts in and for the City and County of Denver, Colorado. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive and may be entered in any court having jurisdiction thereof as a basis of judgment and of the issuance of execution for its collection. All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity. The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend these Terms. The arbitrator shall be required to follow applicable law.
IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES INAPPLICABLE, THEN YOU, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO.
XVIII. Attorney Fees. If any litigation or arbitration is necessary to enforce the Terms the prevailing party shall be entitled to reasonable attorney fees, costs, and expenses.
XIX. International Use. Recovery Energy makes no representation that Content on the Site is appropriate or available for use in locations outside the United States. If You choose to access and/or use the Site from a location outside the U.S., You do so on Your own initiative and You are responsible for compliance with local laws.
XX. Severability. If any provision of the Terms is held to be unlawful, illegal, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
XXI. Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or use of the Site must be filed within two (2) years after such claim or cause of action arose or be forever barred.
XXII. Assignment. Your rights and licenses under the Terms may not be transferred or assigned by You, but may be assigned by Recovery Energy without restriction. Any assignment attempted to be made in violation of the Terms shall be void.
XXIII. Headings. The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and shall have no legal or contractual effect.
XXIV. Relationship. The Terms create no agency, partnership, joint venture, or employee-employer relationship between You and Recovery Energy unless otherwise noted in writing by Recovery Energy.
Recovery Energy, Inc.
1515 Wynkoop Street
Denver, CO 80202
Phone: (303) 951-7920
In accordance with California Civil Code Section 1789.3, California Residents may also direct any complaints to the Complaint Assistance Unit of the Division of Consumer Services of The California Department of Consumer Affairs at:
1625 North Market Blvd.,
Suite N 112 Sacramento, CA 95834
Phone: (800) 952-5210