All organization, graphics, design, compilation, magnetic translation, digital conversion and matters related to or included on the Site (collectively, “Content”) are protected under applicable copyright, trademark, patent or other proprietary (including but not limited to intellectual property) rights. The copying, modifying, distributing, transmitting, displaying, selling, licensing, using, publishing or creating derivative works by you of any such matters or any part of the Site or the Content, except as expressly allowed by the Agreement, is strictly prohibited. You do not acquire ownership rights to any Content or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. If you elect to download any Content, you must retain all copyright, trademark and other proprietary notices contained in the Content. No part of the Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). We prohibit deep linking and/or the framing of any Content available through the Site.
GHK, The GHK Company, LLC, GHK Exploration, LP and www.ghkco.com are trademarks and/or service marks of GHK. Other product, organization or company names may be mentioned on the Site from time to time which may be trademarks or service marks of their respective owners. These trademarks and/or service marks may not be reproduced without the express written consent of the respective trademark or service mark owner.
Editing, Deleting and Modification.
We reserve the right to, in our sole discretion, edit or delete any information or other Content appearing on the Site.
By using the Site you agree to only use the Site for lawful purposes. In addition, you agree not to: (i) access or attempt to access any private data of GHK or of third parties; (ii) use any device or program to interfere with the normal operation of the Site or otherwise disrupt the Site; or (iii) use or attempt to use any search engine, software, tool or device, including but not limited to browsers, spiders, robots, avatars or intelligent agents, to search the Site.
You agree to indemnify, defend and hold GHK and its partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorneys' fees, related to your violation of this Agreement or use of the Site.
THE CONTENT, INFORMATION AND PRODUCTS OBTAINED FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE" AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY OF THE CONTENT OBTAINED FROM THE SITE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Use of Information.
We maintain the Site as a service to our business associates and interested parties. By using the Site you authorize us to collect, use and assign all information obtained either directly from you or through your use of the Site. This information may include all personal information provided by you as well as non-personal information such as the type of browser or operating system you are using and the domain name of your Internet service provider. This information may also be provided to certain third parties. These third parties may include appropriate governmental or law enforcement authorities, federal regulatory agencies, credit services and others as necessary to assist in the investigation of fraud, harassment or any other unlawful activity.
This Agreement shall be treated as though it were executed and performed in Oklahoma County, Oklahoma, and shall be governed by and construed in accordance with the laws of the State of Oklahoma (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in the Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Oklahoma County, Oklahoma. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. This Agreement constitutes the entire and only agreement between us and you and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the Content, goods and services provided by GHK, and the subject matter of this Agreement. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
August 28, 2008