TERMS AND CONDITIONS OF USE

AS USED IN THIS TERMS AND CONDITIONS OF USE (THE “TERMS AND CONDITIONS”), THE TERMS “WE”, “US” OR “MITCHELL ENERGY ADVISORS” MEANS MITCHELL ENERGY ADVISORS, LLC, ITS DIRECT OR INDIRECT SUBSIDIARIES OR AFFILIATES.  THE TERMS “YOU” AND “USER” SHALL MEAN ANY VISITOR TO THE WEBSITE. 

IMPORTANT.  PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.  BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW.  IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT CONTINUE TO ACCESS THIS WEBSITE.  YOU ACKNOWLEDGE THAT THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE FROM TIME TO TIME.  WE WILL NOTIFY YOU OF THE AMENDMENTS BY POSTING THE AMENDED TERMS TO THE WEBSITE.  IT IS THE RESPONSIBILITY OF EACH USER TO REVIEW THESE TERMS AND CONDITIONS FROM TIME TO TIME TO ENSURE COMPLIANCE WITH THEM.

USE OF WEBSITE INFORMATION

The information on this website is for informational purposes only and is intended to describe the activities of Mitchell Energy Advisors, its subsidiaries, affiliates, members, directors and employees.The information contained on this website is believed to be reliable, but we do not warrant its completeness, timeliness or accuracy.  Nothing on this website constitutes general or specific investment, legal, tax or financial advice, nor does any information on this website constitute a comprehensive or complete statement of the matters discussed or the law relating thereto.  Users of this website should seek the advice of their independent financial adviser prior to taking any investment decision on the basis of any information contained herein.  Mitchell Energy Advisors will not treat users of this website as its clients by virtue of their accessing this website.

NOT AN OFFER, SOLICITATION OR DISTRIBUTION

NOTHING ON THIS WEBSITE SHALL CONSTITUTE AN OFFER OR A SOLICITATION OF AN OFFER TO BUY OR SELL ANY PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY SECURITIES, FINANCIAL INSTRUMENTS OR OTHER INVESTMENTS OR INVESTMENT ADVICE.

This website is not directed at, or intended for distribution to or use by, any person or entity who is a citizen or resident of or located in any jurisdiction where such distribution, publication, availability or use would be contrary to applicable law or regulation or which would subject Mitchell Energy Advisors to any registration or licensing requirement within such jurisdiction.  The information in the website is descriptive of Mitchell Energy Advisors as a whole and the services, securities and financial instruments described herein may not be suitable for a particular user or available in the jurisdiction in which such user is located, or may only be available through a branch or an affiliate of Mitchell Energy Advisors that is properly licensed to offer such services, securities or financial instruments in such jurisdiction.

Further, you understand that the information contained on this website may relate to the products and services of a person or entity that is located in a jurisdiction other than that in which you are located.  Accordingly the rules for the protection of private customers that apply in your jurisdiction may not apply in relation to such products and services.

INTELLECTUAL PROPERTY OWNERSHIP

Mitchell Energy Advisors and other trademarks on this website are our trademarks and service marks or registered trademarks or service marks.  We either own or have the right to use all materials available on the website, except where otherwise noted.  We reserve all rights with respect to copyright and trademark ownership of all material on this website and will enforce such rights to the full extent of applicable law.  Nothing on this website shall be construed as granting any license or right to the user for use of any image, trademark, service mark or logo. Downloading, copying or printing individual pages and/or parts of the website is allowed for personal use only, and will not transfer title to any software or material on the website to any user.  Explicit attribution to Mitchell Energy Advisors must be made in the event that the material, or any part thereof, is reproduced in any form, written or electronic.  Furthermore, any reproduction, re-publication or distribution of this material requires the express written consent of Mitchell Energy Advisors.

All users agree to indemnify us for any losses, costs and expenses which may result because of (i) misuse of this website, or (ii) violation of any of these Terms and Conditions by you.

LOCAL RESTRICTIONS

There are legal requirements in various jurisdictions which may restrict the information which we can provide the user.  If for any reason, any law in any jurisdiction where a user is located prohibits or restricts any use of this website, the user agrees to comply with those laws.  Mitchell Energy Advisors makes no representations that this website complies with those laws.  Users are not allowed to use this website or any information provided in it for any unlawful purpose.

USE RESTRICTIONS

Please do not send us any confidential or proprietary material as we do not agree to obligations of non-disclosure or non-use of material which is sent to us.  You acknowledge that whatever investment proposals, information, ideas or suggestions that you provide us through this website will become the property of Mitchell Energy Advisors.  We will have the right to use such information in any manner, in any form and at any location, as we deem in our sole discretion.  Should we receive any economic reward of benefit from the use of such information, you will have no claim to any of such economic reward or benefit, and we will not owe the user anything for such information. 

Users agree not to (i) post on this website or submit to Mitchell Energy Advisors anything that is unlawful, obscene, offensive, defamatory, libelous, pornographic, profane or solicitous, (ii) link this website or this web address with any other website, indexed in another website or referenced without the express written authority of Mitchell Energy Advisors and (iii) use any robot, spider, other automatic devices or manual process to monitor or copy our web pages, data or content contained herein without our express written permission.  Vendors, suppliers or those wishing to provide services to Mitchell Energy Advisors should contact the appropriate representative at our offices and should not use this website to solicit business.

RISK CONSIDERATIONS

Certain statements set forth on this website may constitute “forward-looking statements.”Forward-looking statements include, without limitation, any statement that may predict, forecast, indicate, or imply future results, performance or achievements.  Such statements are not guarantees of future performance and are subject to risks and uncertainties that could cause the users actual results and financial position to differ materially from those included within the forward-looking statements.  We do not make any representations or warranties, express or implied, regarding future performance.  You acknowledge that investing entails risks, including possible loss of principal.  You agree to conduct enquiries about the securities and financial instruments mentioned herein and take an informed and reasoned decision, independent of any information provided herein.  

NO WARRANTY; NO LIABILITY

OWING TO THE NATURE OF THIS WEBSITE, NATURE OF ELECTRONIC DISTRIBUTION VIA THE WORLD WIDE WEB, AS WELL AS OTHER FACTORS, THIS WEBSITE, INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THIS WEB SITE ARE PROVIDED ON AN “AS IS,” AND “AS AVAILABLE” BASIS.  WE, OUR AFFILIATES, SUBSIDIARIES, MEMBERS, DIRECTORS OR EMPLOYEES:

  1. MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE WEBSITE;

 

  1. DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE;
  1. DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE INFORMATION AND THE MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION; AND

 

  1. WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN THIS WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND YOUR FILES AND YOUR BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND OUR CONTROL.

NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.  UNDER NO CIRCUMSTANCES AND UNDER NO THEORY OF ANY APPLICABLE LAW AND/OR REGULATION SHALL WE BE LIABLE TO ANYONE FOR ANY DAMAGES ARISING IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE FROM ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THIS WEBSITE OR FROM ANY ACTION TAKEN OR NOT TAKEN AS A RESULT, REGARDLESS OF WHETHER THEY ARE DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING DAMAGES FOR TRADING LOSSES OR LOST PROFITS, OR FOR ANY CLAIM OR DEMAND BY ANY THIRD PARTY, EVEN IF WE KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES, CLAIM OR DEMAND.

LINKS TO OTHER WEBSITES / CONTENT OF OTHER PROVIDERS

Although this website may be linked to other websites, we do not endorse, approve, certify or sponsor the linked sites.  These are independent sites and we have no control over them and accept no liability in respect of the contents of any site linked to this website. 

GOVERNING LAW

These Terms and Conditions are governed by the Laws of the State of Texas (without reference to its rules as to conflict of law). 

DISPUTE RESOLUTION

Any and all claims, disputes and other matters in question arising out of or relating to these Terms and Conditions for damages or any other relief, and all defenses thereto (“Claims”), shall be resolved by binding arbitration.  The arbitration shall be conducted in accordance with the rules of Arbitration of the Federal Arbitration Act and, to the extent an issue is not addressed by the federal law of arbitration, by the Commercial Arbitration Rules of the American Arbitration Association (“Rules”). 

The arbitration may be initiated by either party by written notice specifying the Claims to be arbitrated.  If a party refuses to honor its obligations under this agreement to arbitrate, the other party may compel arbitration in either federal or state court.  The making, validity, construction, and interpretation of this agreement to arbitrate, and all procedural aspects of the arbitration conducted pursuant to this agreement to arbitrate, including but not limited to, the determination of the issues that are subject to arbitration (i.e. arbitrability) shall be decided by the arbitrator.  Unless as otherwise set forth in these Terms and Conditions, the arbitrator shall apply federal law and the substantive laws of the State of Texas (excluding Texas choice-of-law principles that might call for the application of some other State’s law) as applicable.  The parties will provide each other with production of all requested documents and records reasonably related to the dispute in a manner that will minimize the expense and inconvenience of both parties.  Further discovery will be as the arbitrators expressly allow on a showing of need.  All arbitrator’s orders and decisions may be enforceable in, and judgment upon any award rendered in the arbitration proceeding may be confirmed and entered by, any federal or state court of competent jurisdiction.  All proceedings shall be conducted in English and, unless otherwise set forth in these Terms and Conditions, shall take place in Dallas, Texas.

The arbitration conducted pursuant hereto shall be decided by a single arbitrator appointed in accordance with the relevant provisions of the Rules.  The damages awarded shall be subject to the limitation of liability provision of this Agreement excludes punitive, special, consequential, indirect or exemplary damages.  Costs and fees of the arbitration will be borne by the non-prevailing party, unless the arbitrator determines otherwise.  The award of the arbitrator will be final.  The arbitrator’s award shall be specifically enforceable in a court of competent jurisdiction and located in Dallas, Texas.  All proceedings conducted hereunder and the decisions of the arbitrators shall be kept confidential.  No Claim may be brought as a class action, combined or consolidated with any other proceeding, nor may any proceeding be pursued in a representative capacity or on behalf of a class.  Neither party has the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim.  Unless otherwise provided by applicable law, neither party has the right to bring a Claim or other legal action under these Terms and Conditions more than two years after the cause of action arose. 

COMPLETE AGREEMENT

The Terms and Conditions are the full and complete agreement between Mitchell Energy Advisors and each user for the use of this website.

CONTACT INFORMATION

If the user has any questions concerning these Terms and Conditions or the use of this website, please contact Mitchell Energy Advisors, LLC, 7515 Greenville Avenue, Suite 905, Dallas, Texas 75231 or by phone at (469) 916-7480.

Dallas 1183313v.1

 
Copyright © 2006 Mitchell Energy Advisors. All rights reserved.

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