1. Changes to Terms. We may revise the Terms at any time without notice. You should revisit the Website periodically to make sure you are aware of the most recent Terms. Your use of the Website after such changes constitutes your agreement to such changes.
2. Use of the Website.
- Website Security. You are prohibited from violating, or attempting to violate, the security of the Website. Any such violations may result in criminal and civil liabilities against you.
- Other Prohibited Actions. In using the Website, you must not: (1) use the Website to post or transmit material that is unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful, otherwise objectionable, or that Energy XXI in its sole discretion does not wish posted or transmitted on the Website; (2) violate the legal rights of others; (3) continue to communicate with a recipient who has indicated that he/she does not wish to receive a communication from you; (4) violate any applicable law or regulation; (5) misrepresent your identity or affiliation in any way; (6) engage in deceptive online marketing; or (7) assist or permit any persons in engaging in any of the activities described above.
- Your Content. You must exercise caution, good sense and proper judgment in using the Website. You are responsible for any material you place on or transmit to or through the Website. You agree, represent and warrant that any information you post to or transmit through the Website is truthful, accurate, not misleading and offered in good faith, and that you have the right to post or transmit such information. Such information, whether publicly posted or privately transmitted, is your sole responsibility. Further, you are prohibited from transmitting “spam” (the same or similar unsolicited e-mail messages, bulk commercial advertising, or chain letters) to two or more e-mail addresses aggregated as a single e-mail addressee.
- Unsolicited Ideas. You must not transmit any material to or through the Website that you consider to be confidential or proprietary. Any material you transmit to or through the Website will be considered non-confidential and non-proprietary.
- Infringement. You are prohibited from using the Website to infringe on any person’s copyright, trademark, patent or other intellectual property rights. We may terminate your right to access the Website if we believe you are using it in a manner that infringes the copyright, trademark, patent or other intellectual property rights of another. You may be ordered by a court to pay money damages to us and to the rightful owner of any intellectual property rights you violate.
- Consequences of Unacceptable Use. We reserve the right (but not the obligation) in our sole discretion to refuse or delete any of your content as well as suspend or terminate without notice your access to the Website upon a violation or attempted violation of this Agreement. Indirect or attempted violations of this Agreement, and actual or attempted violations by a third party acting on your behalf, shall be deemed violations by you of this Agreement. Furthermore, it is a violation of this Agreement to use the services of another company for the purpose of facilitating any of the activities which violate this Agreement.
- Linking. You may not link to our Website without our prior written consent.
3. Trademark and Copyright. All trademarks, service marks, logos and trade names are proprietary to Energy XXI or to other companies where indicated. You may not reproduce, download or otherwise use such without the prior written consent of the owner. The material on our Website is copyrighted and protected by worldwide copyright laws. No material from this Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed without our prior written consent, except that you may download and print one copy of content on this Website for your personal non-commercial use provided that you leave any copyright or trademark information intact and unchanged. Modification or use of the materials on the Website for any other purpose without our prior written consent is a violation of our proprietary rights.
4. Privacy Statement. Please review our Privacy Statement contained in a separate section of our Website.
5. No Warranty. This Website is provided “As Is” and without warranties of any kind, whether express or implied. Energy XXI disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Energy XXI does not represent or warrant that the functions contained in the Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or other harmful components. Energy XXI does not make any representations or warranties regarding the use of contents of this Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some jurisdictions do not allow exclusion of implied warranties, so the above limitations may not apply to you.
6. Your Risk. We have made all reasonable efforts to provide accurate information on our Website. However, we do not guarantee the accuracy, completeness or timeliness of the information contained herein. This information is provided by us as a service to our shareholders and potential shareholders, and may be used only for informational purposes. The information contained in our Website does not denote investment advice and you should not rely on it in connection with the making of any investment decision. Any decision you make based on information contained in our Website and the consequences thereof are solely your responsibility. You agree that use of any information obtained via the Website is at your own risk.
7. Limitation of Liability. We are not liable to you or any other party for any compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, the Website or the contents on this Website, even if we have been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. If you are dissatisfied with any portion of the Website, your sole and exclusive remedy is to discontinue using our Website.
8. Indemnity. You agree to indemnify, hold harmless, and defend Energy XXI, its affiliates and its and their officers, directors, employees and agents, from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based upon, arises out of, or relates to your breach of this Agreement or your activities conducted in connection with the Website.
9. Use of Third Party Websites. For your convenience, we may provide links to external websites operated by third parties. Our inclusion of any link does not imply our endorsement of the external website. If you decide to access a third party’s website through a link provided by this Website, you do this at your sole risk. We do not control linked websites, and we are not responsible for the contents of any linked website. We are not responsible for any viruses or other damaging elements encountered in linking to a third party website. We make no warranty or representation regarding, and are not responsible for, the linked websites or the content of such websites.
10. Forward Looking Statements. This Website contains certain “forward-looking statements” within the meaning of the “safe harbor” provisions of the Private Securities Litigation Reform Act of 1995 and Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934, as amended, including, without limitation, expectations, beliefs, plans, objectives, and projections regarding our business and operations. Projections and forward-looking statements are based on assumptions we believe are reasonable, but are by their nature inherently uncertain. In all cases, there can be no assurance that such assumptions will prove correct or that projected events will occur, and actual events or results may differ materially. We refer you to our documents filed with the United States Securities and Exchange Commission (SEC), specifically, our most recent Form 10-K and Form 10-Q, available at the SEC’s website at www.sec.gov or by calling the SEC at 1-800-SEC-0330. We undertake no obligation and expressly disclaim any duty to update or revise forward-looking statements contained in the Website.
11. Historical Information. The Website may contain historical information concerning our business and operations. Such information is maintained for historical purposes only, speaks only as of the date thereof and may no longer be accurate. We undertake no obligation and expressly disclaim any duty to update or revise historical information contained in the Website.
12. Cautionary Note to U.S. Investors. The SEC permits oil and gas companies to disclose in their public filings only proved reserves that a company has demonstrated by actual production or conclusive formation tests to be economically and legally producible under existing economic and operating conditions. We sometimes use certain terms in our presentations, such as “probable”, “possible” or “potential reserves”, that the SEC’s guidelines strictly prohibit us from including in filings with the SEC. U.S. Investors are urged to consider closely the disclosures in our public filings, available on the SEC website at www.sec.gov. You can also obtain these forms from the SEC by calling 1-800-SEC-0330.
13. Securities Information. We do not control or guarantee securities pricing and financial information provided on our Website by third parties. Such data and information is provided for informational purposes only, and is not intended for trading purposes. Neither Energy XXI nor any of its data or content providers shall be liable for any error or delays in the content or for any actions taken in reliance thereon. Our real-time securities pricing, as well as other securities data on our Website, is delayed.
14. Governing Law; Jurisdictional Issues. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, USA (without giving effect to its principles of conflict of laws). We make no representation that materials used in the Website are appropriate or available for use in other locations. If you access this Website, you are responsible for compliance with local laws to the extent they are applicable. Access to this Website from jurisdictions where the contents are illegal or penalized is prohibited. Any software from this Website is subject to United States export controls.
15. Miscellaneous. If any provision of this Agreement shall be unenforceable for any reason, then that provision shall be deemed severable and shall not affect the validity of any remaining provision. This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing.
16. How to Contact Us. If you have any questions or concerns about the Terms or this Agreement, you may contact us at: Energy XXI Gulf Coast, Inc.
c/o Suite 2626
Houston, Texas 77002