These Terms and Conditions of Use (the “Terms of Use”) apply to the EPGE web site located at www.epge.com, and all associated sites linked to www.epge.com by EPGE, its subsidiaries and affiliates,
including EPGE sites around the world (collectively, the “Site”). The Site is the property of EP Global
Energy Ltd.
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
EPGE reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms
of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your
continued use of the Site following the posting of changes will mean that you accept and agree to the
changes. As long as you comply with these Terms of Use, EPGE grants you a personal, non-exclusive,
non-transferable, limited privilege to enter and use the Site.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music,
artwork and computer code (collectively, “Content”), including but not limited to the design, structure,
selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the
Site is owned, controlled or licensed by or to EPGE, and is protected by trade dress, copyright, patent
and trademark laws, and various other intellectual property rights and unfair competition laws. Except as
expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced,
republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or
distribution or for any commercial enterprise, without EPGE’s express prior written consent.
You may use information on EPGE products and services (such as data sheets, knowledge base articles,
and similar materials) purposely made available by EPGE for downloading from the Site, provided that
you
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program,
algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or
monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational
structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials,
documents or information through any means not purposely made available through the Site. EPGE
reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other
systems or networks connected to the Site or to any EPGE server, or to any of the services offered on or
through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor
breach the security or authentication measures on the Site or any network connected to the Site. You
may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site,
or any other customer of EPGE, including any EPGE account not owned by you, to its source, or exploit
the Site or any service or information made available or offered by or through the Site, in any way where
the purpose is to reveal any information, including but not limited to personal identification or information,
other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load
on the infrastructure of the Site or EPGE’s systems or networks, or any systems or networks connected
to the Site or to EPGE.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the
Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any
message or transmittal you send to EPGE on or through the Site or any service offered on or through the
Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other
individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of
Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of EPGE
or others.
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked
Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under EPGE’s
control, and EPGE is not responsible for and does not endorse the content of such Linked Sites, including
any information or materials contained on such Linked Sites. You will need to make your own
independent judgment regarding your interaction with these Linked Sites.
EPGE DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE
SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE
CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE
AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL
INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. EPGE
CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE
FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. EPGE DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY,
NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EPGE
DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD
PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY EPGE
SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY
LINKED SITES. YOUR SOLE REMEDY AGAINST EPGE FOR DISSATISFACTION WITH THE SITE OR
ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF
RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance,
error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus,
communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether
for breach of contract, tort, negligence or any other cause of action.
EPGE reserves the right to do any of the following, at any time, without notice:
Except where prohibited by law, in no event will EPGE be liable to you for any indirect, consequential,
exemplary, incidental or punitive damages, including lost profits, even if EPGE has been advised of the
possibility of such damages.
You agree to indemnify and hold EPGE, its officers, directors, shareholders, predecessors, successors in
interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims
or expenses (including attorneys’ fees), made against EPGE by any third party due to or arising out of or
in connection with your use of the Site.
EPGE may disclose any information we have about you (including your identity) if we determine that such
disclosure is necessary in connection with any investigation or complaint regarding your use of the Site,
or to identify, contact or bring legal action against someone who may be causing injury to or interference
with (either intentionally or unintentionally) EPGE’s rights or property, or the rights or property of visitors to
or users of the Site, including EPGE’s customers. EPGE reserves the right at all times to disclose any
information that EPGE deems necessary to comply with any applicable law, regulation, legal process or
governmental request. EPGE also may disclose your information when EPGE determines that applicable
law requires or permits such disclosure, including exchanging information with other companies and
organizations for fraud protection purposes.
You acknowledge and agree that EPGE may preserve any transmittal or communication by you with
EPGE through the Site or any service offered on or through the Site, and may also disclose such data if
required to do so by law or EPGE determines that such preservation or disclosure is reasonably
necessary to
You agree that EPGE may, in its sole discretion and without prior notice, terminate your access to the Site
and/or block your future access to the Site if we determine that you have violated these Terms of Use or
other agreements or guidelines which may be associated with your use of the Site. You also agree that
any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and
will cause irreparable harm to EPGE, for which monetary damages would be inadequate, and you
consent to EPGE obtaining any injunctive or equitable relief that EPGE deems necessary or appropriate
in such circumstances. These remedies are in addition to any other remedies EPGE may have at law or
in equity.
You agree that EPGE may, in its sole discretion and without prior notice, terminate your access to the
Site, for cause, which includes (but is not limited to)
If EPGE does take any legal action against you as a result of your violation of these Terms of Use, EPGE
will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such
action, in addition to any other relief granted to EPGE. You agree that EPGE will not be liable to you or to
any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
You agree that all matters relating to your access to or use of the Site, including all disputes, will be
governed by the laws of Cyprus without regard to its conflicts of laws provisions. If you are a consumer
based in the European Union, you may make a claim in the courts of the country where you reside. Any
claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or
such claim or cause of action is barred. Claims made under the separate terms and conditions of
purchase for goods and services are not subject to this limitation. No recovery may be sought or received
for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs
and attorneys’ fees. In the event of any controversy or dispute between EPGE and you arising out of or in
connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any
such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty
(30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot
be resolved through mediation, then the parties shall be free to pursue any right or remedy available to
them under applicable law.
EPGE administers and operates the www.epge.com site. EPGE reserves the right to limit, in its sole
discretion, the provision and quantity of any feature, product or service to any person or geographic area.
Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to
access the Site, you do so on your own initiative and you are solely responsible for complying with
applicable local laws.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any
product or service offered on the Site, in violation of any applicable laws or regulations, including without
limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent
jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum
extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use,
so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire
agreement between you and EPGE with regard to your use of the Site, and any and all other written or
oral agreements or understandings previously existing between you and EPGE with respect to such use
are hereby superseded and cancelled. EPGE’s failure to insist on or enforce strict performance of these
Terms of Use shall not be construed as a waiver by EPGE of any provision or any right it has to enforce
these Terms of Use, nor shall any course of conduct between EPGE and you or any other party be
deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or
construed to confer any rights or remedies on any third parties.
Any feedback you provide at this site shall be deemed to be non-confidential. EPGE shall be free to use such information on an unrestricted basis.
