Mesquite Energy, Inc. (“Mesquite Energy,” “we,” “our,” or “us”) operates this website (“Website”) as a service to its customers, employees, suppliers, community neighbors and others subject to these terms and all modifications thereto. 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. Mesquite Energy reserves the right to modify the Terms at any time, and without actual notice to you. We reserve the right, in our sole and absolute discretion, to change, modify, add or remove portions of these Terms and Conditions at any time without notice. We will post the revised Terms and Conditions to the Website and the changes will be effective upon such posting. Your continued use of the Website following any modification constitutes your agreement to these terms. In addition, when using the Website or a service of this Website, you will be subject to any posted guidelines, rules, or policies for the service. Those guidelines, rules, and policies, whether now existing or adopted in the future, are incorporated by reference into these Terms and Conditions. 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.
INTELLECTUAL PROPERTY RIGHTS
The contents of this Website, including but not limited to all trademarks, 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 Mesquite Energy. The use of these marks, except as provided in these Terms is prohibited. From time to time, Mesquite Energy makes fair use in this Website of trademarks owned and used by third parties. Any such marks are clearly noted, and Mesquite Energy makes no claim to ownership of those marks. Examples of marks of third parties appearing on this Website which Mesquite Energy is not affiliated with and makes 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. Mesquite Energy 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.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on this website, a representative list of such works;
- Identification of the content you believe to be infringing in a sufficiently precise manner to allow us to locate that content;
- Information by which we can contact you (including your name, postal address, telephone number and e-mail address);
- A statement that you have a good faith belief that the use of the content is not authorized by the copyright owner, its agent or the law (e.g. is not a “fair use”);
- A statement that the information in the written notice is accurate; and
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
Mesquite Energy, Inc.
ATTN: General Counsel
700 Milam St. Ste. 600
Houston, TX 77002
If you knowingly materially misrepresent that any content on the website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under the DMCA.
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. Mesquite Energy 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 Mesquite Energy, in its sole discretion, does 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 Mesquite Energy.
You are responsible for any material you may upload, provide, 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. You shall not use the Website to harass others or post defamatory information concerning any third parties. 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.
Mesquite Energy has 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 Mesquite Energy.
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.
CONTACTING MESQUITE ENERGY
If you have any questions about the content of this Privacy Statement or the Terms herein, please contact Mesquite Energy, Inc. at the following address:
Mesquite Energy, Inc.
ATTN: General Counsel
700 Milam St. Ste. 600
Houston, TX 77002
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEBSITE AND ITS CONTENTS ARE PROVIDED SOLELY FOR INFORMATIONAL PURPOSES AND ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT, OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE WEBSITE AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. ACCORDINGLY, MESQUITE ENERGY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, MESQUITEENERGY MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES THAT THIS WEBSITE AND ITS CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT USE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
FURTHER, WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, INTEGRITY, RELIABILITY, AND COMPLETENESS OF THE INFORMATION PROVIDED. ANYONE USING THIS WEBSITE SHOULD CHECK REFERENCE MATERIALS TO ENSURE INFORMATION PROVIDED HERE IS ACCURATE, COMPLETE, RELIABLE, AND FREE FROM OMISSIONS. NONE OF THE CONTENT SHOULD BE CONSTRUED AS BINDING OR GENERALLY ACCEPTED STANDARDS WITHIN THE CLEANING PRODUCT, OLEOCHEMICAL, OR ANY OTHER INDUSTRY. ACCORDINGLY, MESQUITE ENERGY DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE WITH RESPECT TO THE CONTENT. MESQUITE ENERGY SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF YOUR ACCESS, OR INABILITY TO ACCESS, THIS WEBSITE OR OTHER SITES OWNED OR CONTROLLED BY MESQUITE ENERGY, OR YOUR RELIANCE ON THE INFORMATION ON THE WEBSITE.
IN NO EVENT SHALL MESQUITEENERGY 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 MESQUITE ENERGY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Subject to your agreement to these Terms and Conditions and continued compliance with the same, you are granted a limited, non-exclusive, non-transferable, and revocable license to access and make personal and non-commercial use of this Website. You agree to indemnify, hold harmless and defend Mesquite Energy, its affiliates, officers, directors, employees and agents 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 Mesquite Energy may become obligated to pay arising or resulting from your use of the Website and contents therein or your breach of these Terms. Mesquite Energy further reserves 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.
APPLICABLE LAW AND JURISDICTION
By accessing or visiting this Website, you expressly agree that the laws of Texas, 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 Texas in connection with any such dispute and including any claim involving Mesquite Energy 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 Mesquite Energy, you agree that the United States District Court for the Western District of Texas has exclusive jurisdiction. When federal jurisdiction does not exist over that action, suit or proceeding, you and Mesquite Energy designate the Circuit Court for the County of Texas, Texas, 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 Mesquite Energy 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 Houston, Texas. Mesquite Energy does 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 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.