TOS

www.hedgeaware.com

Website Terms of Service 

Credit

This document was created using a Contractology template available at http://www.contractology.com.

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our use of cookies.

License to use website

Unless otherwise stated, PetroNerds, LLC and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own or your business entity’s own internal use only, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website;
  • Share the interactive HedgeAware demo.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without PetroNerds LLC’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without PetroNerds, LLC’s express written consent.

Restricted access

PetroNerds, LLC reserves the right to restrict access to areas of this website, or indeed this entire website, at PetroNerds LLC’s discretion.

If PetroNerds, LLC provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

PetroNerds, LLC may disable your user ID and password in PetroNerds, LLC’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or PetroNerds, LLC or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

PetroNerds, LLC reserves the right to edit or remove any material submitted to this website, or stored on PetroNerds, LLC’s servers, or hosted or published upon this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  PetroNerds, LLC makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, PetroNerds, LLC does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Intellectual Property Rights

HedgeAware is proprietary to PetroNerds and is protected by copyright, trade secret, and other intellectual property rights.  The placement of a copyright notice on any portion of the Hedgeaware website and/or platform does not mean that such portion has been published and will not derogate any claim of trade secret protection for the same.  Title to all complete or partial copies, and all applicable rights to copyrights, patents, trademarks and trade secrets in HedgeAware, are and shall remain the property of PetroNerds, as applicable.  PetroNerds owns or licenses all intellectual property and proprietary rights in and to HedgeAware, now or hereinafter existing, and any Improvements to HedgeAware, whether made by PetroNerds or by any third party.  Except as set forth herein, Customer has no right, title or interest in or to HedgeAware.  Customer shall not (and shall not permit any of its employees or contractors to) (a) do anything to infringe upon, harm or take any action contrary to, or that would diminish or contest the validity of, any ownership rights in HedgeAware; (b) remove or alter any copyright, trademark or patent notices that appear on any portion of the HedgeAware platform; (c) copy, rent, lease, sublicense, distribute publicly, modify, or create derivative works based on HedgeAware or otherwise commercially exploit HedgeAware; or (d) reverse engineer, decompile, disassemble or otherwise reproduce HedgeAware.  Customer’s rights in HedgeAware will be limited to those expressly granted herein, and PetroNerds reserves all rights not expressly granted in this document.

Confidentiality

Customer agrees to keep those aspects of PetroNerds Products and Services, including HedgeAware and HedgeAware.com, that are not generally available to the public (“PetroNerds Confidential Information”) confidential and to prevent unauthorized disclosure or use of any PetroNerds Confidential Information in Customer’s possession.  Customer shall not transfer, assign, provide or otherwise make PetroNerds Confidential Information available to any other party without the prior written consent of PetroNerds.  Any attempted sublicense, assignment or transfer of any rights, duties or obligations by Customer in violation of this Agreement shall be void.  Customer shall notify PetroNerds immediately in writing of any unauthorized use or distribution of HedgeAware by any Customer employee or contractor of which Customer becomes aware and shall take reasonable steps to ensure that such unauthorized use or distribution is terminated.  For any PetroNerds Product and Services for which PetroNerds makes available passwords or other user identification technology to access such products and services, Customer shall advise all users of such passwords or other user identifications that such passwords or user identifications must be maintained in confidence and not transmitted or shared.

Additional Restrictions

In addition to the restrictions provided under Sections 3 and 4, Customer shall not and shall not permit or authorize any to: (a) sell, lease, license, sublicense, rent, loan, share, pledge, resell, or otherwise transfer, with or without consideration, all or any part of the Hedgeaware website and/or platform or rights granted under this Agreement, permit third parties to benefit from the use or functionality of the Hedgeaware website and/or platform via any arrangement, including a timesharing, rental, outsourcing, service bureau, networking, hosted service or other arrangement or assign all or any part of the Hedgeaware website and/or platform or rights granted under this Agreement; (b) use the Hedgeaware website and/or platform for any purpose competitive with PetroNerds, including building a similar or competitive product or service, or duplicating, copying any features, data, functions, or graphics of the HedgeAware platform, or providing Proprietary Data to third parties whether by lease, rental, transfer, assignment, broadcast, public display, publication, distribution, sale/resale, sublicense, or any other means; (c) use any robot, spider, or other automated methods to access, download, or reproduce Proprietary Data, or interfere or attempt to interfere with the proper working of the HedgeAware platform; (d) modify, adapt, translate, or create derivative works (other than Authorized Customer Work Product) of the Hedgeaware website and/or platform in whole or in part or engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the HedgeAware platform; (e) install or use HedgeAware on computer systems or servers not authorized in accordance with this Agreement; (f) use any systems or techniques, or engage in any activities or practices, that manipulate, disable, circumvent or otherwise interfere with the operation of the Hedgeaware website and/or platform or provides access to features, functions, services or Proprietary Data which Customer is not entitled to access based on its selection as set forth on the Order Form. Use the Hedgeaware website and/or platform other than as expressly authorized under this Agreement.

Warranty Disclaimers

PETRONERDS AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING. FURTHER, PETRONERDS AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THE HEDGEAWARE WEBSITE AND/OR PLATFORM OR ANY PART THEREOF WILL MEET CUSTOMER’S REQUIREMENTS OR IS SUITABLE FOR CUSTOMER’S NEEDS OR THAT THE DATA OR RESULTS PROVIDED IN CONJUNCTION THEREWITH ARE CORRECT, ACCURATE, TIMELY, COMPLETE, SUITABLE OR RELIABLE. THESE DISCLAIMERS SHALL APPLY REGARDLESS OF ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CUSTOMER ACKNOWLEDGES THAT THE INFORMATION PROVIDED THROUGH THE HEDGEAWARE WEBSITE AND/OR PLATFORM IS COMPILED FROM SOURCES BEYOND THE CONTROL OF PETRONERDS AND THE PARTIES ACKNOWLEDGE THAT ERRORS, GAPS, AND INACCURACIES MAY OCCUR.

THE HEDGEAWARE WEBSITE AND/OR PLATFORM AND PROPRIETARY DATA ACCESSED THEREON IS PROVIDED TO CUSTOMER ON AN “AS IS, WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND. CUSTOMER ASSUMES ALL RISK OF ERRORS AND OMISSIONS IN THE HEDGEAWARE WEBSITE AND/OR PLATFORM AND PROPRIETARY DATA, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION. THE DATA CONTAINED IN THE HEDGEAWARE WEBSITE AND/OR PLATFORM IS DERIVED FROM SEC FILINGS, COMPANY INVESTOR PRESENTATIONS, AND OTHER PUBLIC AND PROPRIETARY SOURCES AND PUBLIC STATEMENTS. ALL DATA IS SUBJECT TO INTERPRETATION BY PETRONERDS AND THE HEDGEAWARE WEBSITE AND/OR PLATFORM MAY CONTAIN ERRORS FOUND IN THE SOURCE MATERIAL OR IN PETRONERDS INTERPRETATION AND TRANSCRIPTION OF SAID DATA. CUSTOMER ASSUMES FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY ITS REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE HEDGEAWARE PLATFORM, INCLUDING THE PROPRIETARY DATA, AND FOR MAINTAINING ANY MEANS THAT CUSTOMER MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED UNDER THE AGREEMENT. THE HEDGEAWARE WEBSITE AND/OR PLATFORM IS INTENDED AS A SUPPLEMENT TO, AND NOT A SUBSTITUTE FOR, THE KNOWLEDGE, EXPERTISE, SKILL, AND JUDGMENT OF PROFESSIONALS. CUSTOMER UNDERSTANDS THAT THE HEDGEAWARE WEBSITE AND/OR PLATFORM IS NOT INFALLIBLE, AND CUSTOMER ACCEPTS ALL RISKS IN ITS USE OF THE HEDGEAWARE WEBSITE AND/OR PLATFORM INCLUDING BUT NOT LIMITED TO ANY INVESTMENT, ACQUISITION, OR FINANCIAL DECISIONS WHICH ARE BASED IN WHOLE OR IN PART ON THE USE OF THE HEDGEAWARE PLATFORM.

THIRD PARTY SOFTWARE DISCLAIMER.

THE WEBSITE MAY INCLUDE THIRD PARTY COMMERCIAL SOFTWARE LICENSED BY PETRONERDS AND SUBLICENSED TO CUSTOMER UNDER THE TERMS OF THIS AGREEMENT, SUCH AS POWER BI. THE SOFTWARE MAY ALSO INCLUDE OR BE DISTRIBUTED WITH OPEN SOURCE SOFTWARE. NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY IN THIS AGREEMENT, PETRONERDS MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT) WITH RESPECT TO SUCH THIRD PARTY COMMERCIAL OR OPEN SOURCE SOFTWARE AND SHALL NOT BE LIABLE FOR ANY DAMAGES REGARDING THE USE OR OPERATION OF ANY SUCH SOFTWARE. CUSTOMER RIGHTS TO USE SUCH SOFTWARE, INCLUDING ANY REPRESENTATIONS OR WARRANTIES CONCERNING SUCH SOFTWARE, IF ANY, SHALL BE AS GRANTED UNDER THE APPLICABLE LICENSE AGREEMENT FOR SUCH SOFTWARE.

Limitations of liability

PetroNerds, LLC will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if PetroNerds, LLC has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit PetroNerds, LLC liability in respect of any:

  • death or personal injury caused by PetroNerds, LLC negligence;
  • fraud or fraudulent misrepresentation on the part of PetroNerds, LLC; or
  • matter which it would be illegal or unlawful for PetroNerds, LLC to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify PetroNerds, LLC and undertake to keep PetroNerds, LLC indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by PetroNerds, LLC to a third party in settlement of a claim or dispute on the advice of PetroNerds, LLC legal advisers) incurred or suffered by PetroNerds, LLC arising out of any breach by you of any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to PetroNerds, LLC’s other rights under these terms and conditions, if you breach these terms and conditions in any way, PetroNerds, LLC may take such action as PetroNerds, LLC deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

PetroNerds, LLC may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.

Assignment

PetroNerds, LLC may transfer, sub-contract or otherwise deal with PetroNerds, LLC’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and PetroNerds, LLC in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF COLORADO.

PetroNerds, LLC’s details

PetroNerds, LLC is registered in the State of Colorado.

PetroNerds, LLC’s registered address is PO BOX 2939, Denver, CO 80201.

You can contact PetroNerds, LLC by email to contact@petronerds.com.