IMPORTANT – READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. YOU MAY NOT ACCESS OR OTHERWISE USE THIS WEBSITE IF, AT ANY TIME YOU DO NOT AGREE TO THESE TERMS.
Chesapeake Energy Corporation (“Chesapeake”) operates this website (“Website”) as a service to Chesapeake Granite Wash Trust (the “Trust”). By entering and/or using this Website, you, the user, are deemed to have agreed to comply with and be bound to the following terms and conditions (“Terms”). If you are not willing to abide by the Terms, do not use this Website. Chesapeake and the Trust reserve the right to modify the Terms at any time, and without actual notice to you. You should check the Terms periodically for changes. All such changes to the Terms will appear on this Website. By entering and/or using this Website following any modifications to the Terms, you agree to be bound by any such modifications to the Terms. Chesapeake and the Trust reserve the right to expel users and prevent their further access to this Website in their sole discretion without notice.
Intellectual Property Rights
The contents of this Website, including but not limited to text, graphics and images are protected by copyright, trademark and other intellectual property right laws. The names, marks and logos appearing in this Website are, unless otherwise noted, trademarks owned by or licensed to Chesapeake or the Trust. The use of these marks, except as provided in these Terms is prohibited. From time to time, Chesapeake and the Trust make fair use in this Website of trademarks owned and used by third parties. Any such marks are clearly noted, and Chesapeake and the Trust make no claim to ownership of those marks. Examples of marks of third parties appearing on this Website which Chesapeake and the Trust are not affiliated with and make no claim to include but are not limited to the following marks:
Multex, Multex 360, Multex.com, Multex Corporate, Multex Estimates, Multex Estimates Online, Multex Express, Multex Fundamentals, Multex Investor, Multex IR, Multex mDNA, Multex Net, Multex Net On-Demand, Multex On-Demand, Multex Publisher, Multex Research, The Internet Analyst, Market Guide, Analyst Corner and all related logos are trademarks of Reuters Research Inc.; enumerate is a trademark of ENUMERATE; First Call and Thomson First Call are trademarks of Thomson Financial; S&P Comstock and ComStock are trademarks of Interactive Data Corp; BigCharts, BigCharts.com and the BigCharts logo are trademarks of MarketWatch.com; and Adobe®, Acrobat® and Reader® are either registered trademarks or trademarks of Adobe Systems Incorporated.
You are prohibited from using this Website to infringe on any person's copyright, trademark, patent or other intellectual property rights. The Trust or Chesapeake may terminate your right to access the Website if it believes you are using this Website in a manner that infringes the copyright, trademark, patent or other intellectual property rights of another. Except as otherwise provided in these Terms, you may not download or save a copy of the contents of this Website or any portion thereof for any purpose. Subject to copyright notice and the trademark use/link limitations contained in these Terms, you may, however, print a copy of individual screens appearing as part of the Website solely for your personal, noncommercial, or nonprofit educational use or records, provided that any marks, logos, copyright notices or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of any such screens. Use of the contents of this Website on any other website or in a networked environment is prohibited. Other than as specifically set out in this paragraph you may not copy (whether by printing onto paper, storing on disk, placing on another site, downloading in any other way), distribute, broadcast, alter or tamper with in any way any portion of this Website. You may not sell or modify the contents of this Website or reproduce, display or distribute it for any public purpose.
The designated agent to receive notification of claimed infringement under Title II of the Digital Millennium Copyright Act is the Chesapeake webmaster.
You are prohibited from violating, or attempting to violate, the security of this Website. Any such violations may result in criminal and civil liabilities to you. The Trust or Chesapeake will investigate any alleged violations, and if a criminal violation is suspected, it will cooperate with law enforcement agencies in their investigations. Violations of the security of this Website include, without limitation, the following:
- Logging into or attempting to log into a server or account that you are not authorized to access;
- Accessing data or taking any action to obtain services not intended for you or your use;
- Tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures without proper authorization;
- Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of this Website;
- Interfering with, intercepting or expropriating any system, data or information; and
- Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mail bombing" or "crashing" any computer system.
You are also prohibited from:
- Spamming or similar actions such as transmitting the same or similar unsolicited email messages, bulk commercial advertising, or chain letters to one or more email groups (which are two or more email addresses aggregated as a single email addressee);
- Posting an email or otherwise transmitting or using the Website in furtherance of any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of another person's privacy or other rights, or any material that the Trust or Chesapeake in their sole discretion do not wish posted or transmitted on the Website;
- Continuing to send email to a recipient who has indicated that he/she does not wish to receive a communication from you;
- Engaging in and/or encouraging conduct that would violate any applicable law or regulation or give rise to civil liability;
- Impersonating any individual or entity, falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forging, deleting or altering any part of TCP/IP packet header information in any email or other posting;
- Engaging in deceptive online marketing;
- Assisting or permitting any persons in engaging in any of the activities described above; and
- Linking to this Website without prior written permission from the Trust or Chesapeake.
You are responsible for any material you place on or transmit to or through this Website. You agree, represent and warrant that any information you post to or transmit through this 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 (including without limitation data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility. Therefore, do not do any of the following things: transmit to us material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; send material that reveals trade secrets, unless you own them or have the permission of the owner; send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others.
Chesapeake and the Trust have the right to use, without any payment or accounting to you or others, any concepts or ideas which you (and those on your behalf) transmit to or through this Website. By your use of the Website you receive no license, express or implied, under any patent rights or trade secret rights now or hereafter owned, controlled or possessed by the Trust or Chesapeake.
Except as specifically noted above, no right or license is granted to you under any copyright, patent, trademark or other intellectual property law to use, copy, reproduce, retransmit, display or create derivative works from materials, logos and content contained within this Website.
If you have any questions about the content of this Privacy Statement or the Terms herein, please contact Chesapeake Energy Corporation at the following address:
Chesapeake Energy Corporation
Attn: IT Department
P.O. Box 18496
Oklahoma City, OK 73154-0496
Disclaimer of Warranties
CHESAPEAKE AND THE TRUST DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE WEBSITE OR THE SITE’S MATERIAL RESULTS IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NEITHER THE TRUST NOR CHESAPEAKE SHALL BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES.
THIS WEBSITE AND ITS MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. CHESAPEAKE AND THE TRUST, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ALTHOUGH CHESAPEAKE AND THE TRUST STRIVE TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON THE SITE, NIETHER THE TRUST OR CHESAPEAKE MAKE ANY WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS.
Limitation of liability
IN NO EVENT SHALL THE TRUST, CHESAPEAKE OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE MATERIAL ON THIS WEBSITE OR SITES LINKED TO THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE TRUST OR CHESAPEAKE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Although Chesapeake and the Trust strive for accuracy in all elements of the Website, it may contain inaccuracies or typographical errors. Neither the Trust nor Chesapeake make any representations about the accuracy, reliability, completeness or timeliness of the material on this Website or about the results to be obtained from using the Website. You use this Website and its contents at your own risk.
You agree to indemnify, hold harmless and defend Chesapeake, its affiliates, officers, directors, employees and agents as well as the Trust, the trustee and any agents and affiliates thereof from and against any and all losses, claims, damages, demand, cause of action, debt, loss or liability, including reasonable attorneys' fees and accounting fees, that the Trust, the trustee or Chesapeake may become obligated to pay arising or resulting from your use of the Website and contents therein or your breach of these Terms. Chesapeake and the Trust further reserve the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
If you are dissatisfied with any portion of this Website or with any of these Terms, your sole and exclusive remedy is to discontinue using this Website.
"Safe Harbor" - Forward-Looking Statements
Some of the information on this Website may contain projections or other forward-looking statements regarding future events or the future financial performance of the Trust. Chesapeake and the Trust caution you that these statements are only predictions and that actual events or results may differ materially. Chesapeake and the Trust refer you to the documents the Trust files from time to time with the Securities and Exchange Commission, specifically, the final prospectus filed by the Trust with the SEC on November 14, 2011, and future Forms 10-K and 10-Q. These documents contain and identify important factors that could cause the actual results to differ materially from those contained in our projections or forward-looking statements, including, among others, potential fluctuations in quarterly results, rapid market change, risks associated with Internet infrastructure, volatility of stock price, financial risk management and future growth subject to risks. Factors that could cause actual results to differ materially from those in the forward-looking statements are detailed from time to time in reports filed by the Trust with the SEC, including Forms 8-K, 10-Q and 10-K, and may include the following:
- Factors affecting operations, such as: unusual weather conditions, catastrophic weather-related damage, environmental incidents and unusual maintenance and repairs;
- State and Federal legislative and regulatory developments;
- Financial or regulatory accounting principles and policies imposed by governing bodies;
- The effects of geopolitical events, including the threat of domestic terrorism;
- Changing market conditions and other factors related to physical and financial energy trading activities, including price, basis, counterparty credit risk, liquidity, volatility, capacity, transmission, currency exchange rates, interest rates and warranty risks; and
- Financial market conditions.
Chesapeake and the Trust have based the forward-looking statements on their beliefs and assumptions using information available at the time the statements were made. The Trust cautions the reader not to place undue reliance on its forward-looking statements because the assumptions, beliefs, expectations and projections about future events may and often do materially differ from actual results. The Trust undertakes no obligation to update any forward-looking statement to reflect developments occurring after the statement is made.
Applicable Law and Jurisdiction
By accessing or visiting this Website, you expressly agree that the laws of Oklahoma, excluding its conflict of laws principles, shall govern these Terms. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Oklahoma in connection with any such dispute and including any claim involving the Trust, Chesapeake or its telecommunication providers and content providers. If federal jurisdiction exists over any action, suit or proceeding arising out of or in any way connected with any claim involving the Trust or Chesapeake, you agree that the United States District Court for the Western District of Oklahoma has exclusive jurisdiction. When federal jurisdiction does not exist over that action, suit or proceeding, you, Chesapeake and the Trust designate the Circuit Court for the County of Oklahoma, Oklahoma, for the exclusive resolution of that dispute and submit to the jurisdiction of that court.
If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in our Website, these Terms and Conditions constitute the entire agreement between the visitor and the Trust with respect to your use of this Website.
Any cause of action you may have with respect to your use of the site must be commenced within one (1) year after the claim or cause of action arises.
This Website originates from Oklahoma City, Oklahoma. Chesapeake and the Trust do not claim that the content on this Website is appropriate or may be used outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside of the United States, you do so at your own risk and are responsible for compliance with all applicable U.S. and local laws. You may not export or re-export any services, information or materials accessed on or described on this site except in full compliance with all United States laws and regulations. In particular, you may not export or re-export into (or to a national or resident of) any country to which the United States embargoes or sanctions goods, services or technology; to any person or entity on the U.S. Treasury Department's List of Specially Designated Nationals; the U.S. Bureau of Export Administration Entity List; the U.S. Bureau of Export Administration Denied Persons List or the U.S. Commerce Department's Table of Denial Orders. In addition, you are responsible for complying with any local laws in your country which may impact your right to import, export or use the Website and its contents.