TERMS & CONDITIONS OF USE

IMPORTANT: Please read these Terms & Conditions of Use and the Privacy Policy before accessing and using this Site.

The following are the terms and conditions (“Terms”) that apply to and govern your use of this Site.  These Terms incorporate our Privacy Policy in all respects.  BY ACCESSING OR OTHERWISE USING THIS WEBSITE, YOU CONSENT TO THE FOLLOWING TERMS.

Please note that these Terms exclusively govern your access and use of this Site and do not alter or affect the terms and conditions of any other agreement that you may have or enter into with any KJ Energy entity for any product or service.  The latter agreement will continue to govern that specific legal relationship with KJ Energy.

Copyright Notice.  You acknowledge that, unless otherwise specifically designated, KJ Energy is the sole owner of all intellectual property rights to this Site and its contents, including copyright protection for the design, layout, graphics, photos, format, and other visual elements of the Site.  All ownership rights pertaining to the information and material contained on this Site, including the KJ Energy name, logos, trademark, graphics, photos, video and other content, are owned or have been duly licensed by KJ Energy, with all rights reserved.  The pages and content may be copied for internal informational, personal or non-commercial use only, provided that no modifications are made, it is not published in any media, and on each page of ever internal copy, KJ Energy is acknowledged as the source with a copyright symbol.  Any use other than that set forth above is strictly prohibited.  Any rights not expressly granted herein are reserved by KJ Energy.

No Warranties Provided. All information and content on this Site is provided for information purposes only.  KJ ENERGY MAKES NO GUARANTEES, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, CONCERNING THE SECURITY, TIMELINESS, RELEVANCY, SUFFICIENCY, ACCURACY, RELIABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR COMPLETENESS OF ANY DATA, INFORMATION, OR SERVICES FURNISHED TO YOU ON OR THROUGH THIS SITE, OR CONCERNING THE INFORMATION YOU PROVIDE TO US.  WE ARE PROVIDING THE INFORMATION AND OTHER CONTENT CONTAINED HEREIN ON AN “AS IS, WHERE IS, AS AVAILABLE” BASIS, AND ALL WARRANTIES (EXPRESS OR IMPLIED) ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

User Conduct.  Information obtained through monitoring our Site may be used for duly authorized law enforcement investigations.  We also reserve the right to identify and investigate inquiries to the extent required to comply with applicable laws and regulations.  KJ Energy will have no liability for any content posted by users on this Site.

Application of U.S. Laws.  When accessing this Site, including access from any location outside the United States, you are doing so at your own risk, and you remain fully responsible and liable for familiarity and compliance with these Terms as well as with the laws, regulations, directives, codes, and rules of the United States, including its export compliance laws and regulations, as well those of the jurisdiction from which you are accessing the Site, and any other applicable jurisdiction which may be involved in the access, transmission, routing, receipt, disclosure, storage or use of information on this Site, or any commercial transactions conducted on or through this Site.

Site Security.  We make no representation or warranty that the content, information, or links in this Site are secure and free of errors, glitches, interruptions, errors, bugs, worms, viruses, unauthorized third party access, or any other harmful items.  Unauthorized attempts to upload, insert, or change any information or image on this Site or cause harm are strictly prohibited and will be punishable to the full extent of the law.  YOU AGREE TO BE SOLELY RESPONSIBLE FOR THE SECURITY AND PROTECTION OF YOUR SYSTEMS WHEN USING THIS SITE.

Outside Links.  This Site may contain hyperlinks or direct links to websites that are maintained by third parties.  When clicking on such a link, you are leaving our Site.  KJ Energy has no control over, does not endorse, and is not liable for, the quality, operation, reliability, compliance with laws, ethics, business practices, nor content of such third party websites, or for any product or service advertised or provided therein.  Any transactions with such third parties, including provision of your personal information, are strictly at your own risk.  We expressly disclaim all liability arising from your access of and for the content contained within or through any such third party website.

Privacy.  Any personal information obtained by us during your visit to our Site is governed by the Privacy Policy, which is posted on this Site.

LIMITATION OF LIABILITY AND INDEMNIFICATION.  YOU AGREE THAT KJ ENERGY AND ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, LICENSORS, ASSIGNEES, SUCCESSORS, INSURERS AND AGENTS (THE “RELEASED PARTIES”), ARE NOT LIABLE IN ANY RESPECT FOR ANY DAMAGES (INCLUDING FOR ANY SPECIAL, INDIRECT, ECONOMIC, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR LOSS OF ANY NATURE WHICH MAY OCCUR AS A RESULT OF YOUR ACCESS AND USE OF THIS SITE.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES, FOR ANY COSTS, CLAIMS, DAMAGES, LOSSES, OR OTHER LIABILITIES ARISING FROM YOUR USE OF THE SITE IN BREACH OF THESE TERMS OR IN VIOLATION OF LAW.

Application of Texas Law and Dispute Resolution.  You agree that these Terms will be interpreted under the laws of the State of Texas, excluding its conflicts of laws.  Any dispute or claim which you may have (“Claim”) arising from your access or use of the Site shall be first submitted in writing to KJ Energy within thirty (30) days from the occurrence of the event upon which such Claim is alleged to be based, or such Claim shall be waived in all respects.  Any Claim which has been properly submitted to KJ Energy which has not been resolved within a reasonable period time not to exceed six (6) months may be submitted to binding arbitration as an exclusive alternative to litigation.  YOU EXPRESSLY WAIVE ANY RIGHT TO BRING ANY LITIGATION AGAINST KJ ENERGY IN ANY OTHER TRIBUNAL OR JURISDICTION BASED ON YOUR ACCESS OR USE OF THIS SITE.  Any arbitration will be administered by the American Arbitration Association in San Angelo, Texas, in accordance with its applicable commercial rules and procedures.  The costs of arbitrators shall be shared by the parties.  Except as expressly set forth herein, each party shall bear its own cost and expense in connection with such proceedings.  Any award will specifically exclude any special, indirect, incidental, exemplary, punitive, or consequential damages.

Changes to Site.  We reserve the right to make changes in the access, operation, and content of this Site at any time without notice, including these Terms and our Privacy Policy, so please check before each use for changes.

Contacting KJ Energy.  Questions regarding these Terms & Conditions, our Privacy Policy, or other related material can be directed to KJ Energy in writing to:

KJ Energy, LLC

Attn: Vice President & General Counsel

5106 Knickerbocker Road

San Angelo, TX  76904

Copyright Notice: © 2015 KJ Energy, LLC – All Rights Reserved.