Terms of use

Welcome to the Spartan Energy Acquisition LLC (“Spartan Energy”) website. Please carefully review these Terms of Use, which governs your use this or any of the websites owned and operated by Spartan Energy or its affiliated companies (each such website is referred to below as the “Site”), including, without limitation, any content or that you access from the Site. Your use of the Site is also governed by the Spartan Energy Privacy Policy (“Privacy Policy”) 

These Terms of Use do not alter in any way the terms and conditions of any other agreement you may have with Spartan Energy.   If there is a conflict between these Terms of Use and any other agreement your you may have with Spartan Energy, the terms of the other agreement shall control for that conflict.

Spartan Energy may modify these Terms of Use and the Privacy Policy at any time without notice, and we encourage you to review them because any modifications will be binding on you. When you access the Site, you accept these Terms of Use and the Privacy Policy without limitation or qualification.

 

01. USE AND RESTRICTIONS

The Site is provided as a convenience to you for non-commercial use.  All product and service descriptions, contact information, investment information, other text, graphics, documents, files, videos and other content (all of which are referred to below as the “Content”) are provided for informational purposes only, and are subject to change at any time. We do not and cannot warrant or verify that any Content represents the most current or accurate information on any topic. Other than for your use of the Site as expressly permitted in these Terms of Use, you must not access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way.

In addition, you may not: (i) sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit the Site; (ii) decompile, disassemble, attempt to discover the source code or reverse engineer any portion of the Site or permit any third parties to do so; (iii) use the Site to send spam or otherwise duplicative, unsolicited or fraudulent messages in violation of applicable law; (iv) use the Site to send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (v) use the Site to send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; or (vi) intentionally interfere with or disrupt the integrity or performance of the Site.

 

02. NO ADVICE

Nothing contained on the Site should be construed as technical, legal, investment, financial, investment or other advice.

 

03. No Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Spartan Energy as a result of these Terms of Use, our Privacy Policy or any use of the Site. You also agree that contacting Spartan Energy, making an inquiry via this Site or using information available on this Site does create a relationship with Spartan Energy, agreement with Spartan Energy, or an obligation to enter into an agreement on behalf of Spartan Energy.

 

04. Copyright and Trademarks

The Content and the Site are the sole property of Spartan Energy and/or its licensors. The Content and the Site may be protected by copyright, trademark or other intellectual property laws, and may not be used except in accordance with these Terms of Use or with Spartan Energy’s express written consent. You must not modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content. All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Site are proprietary to Spartan Energy, its subsidiaries and affiliates, or such marks’ respective owners. You must not display or reproduce the Marks other than with the prior written consent of Spartan Energy. You must not remove or otherwise modify any copyright notices, trademark notices or other proprietary notices from any Content.

 

05. MODIFICATIONS

Any Content available on the Site is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. As noted above, Spartan Energy reserves the right, at any time and from time to time, without notice, to modify, alter, or update these Terms of Use, and your continued use of the Site after such modifications, alterations or updates signifies your agreement to be bound by such modifications, alterations or updates. Spartan Energy may also make improvements and/or changes in the Site or any portion of it at any time without notice or obligation to you.

 

06. Links to Third Party Websites

The Site may contain links to websites and other resources operated by third parties other than Spartan Energy. Any such links are provided solely as a convenience to you. Spartan Energy does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to any third party websites on the Site does not imply our endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person.

 

07. Links to Third Party Websites

THE SITE AND ANY CONTENT PROVIDED VIA THE SITE, INCLUDING LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPARTAN ENERGY AND ITS AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE CONTENT AND ANY PRODUCTS OR SERVICE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, MALICIOUS CODE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, SPARTAN ENERGY DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITE IS SECURE, ACCURATE, COMPLETE. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO SPARTAN ENERGY THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THE TERMS OF USE.

 

08. LIMITATION OF LIABILITY

SPARTAN ENERGY AND ITS AFFILIATES OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH YOUR USE OF THE SITE OR ANY CONTENT ON THE SITE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 

09. Governing Law

These Terms of Use are governed by the laws of the State of Colorado, without regard to its choice of law rule and without regard to the location of any user. By using or accessing the Site, you agree that any action at law or in equity arising out of or relating to your use of the Site or these Terms of Use will be filed only in the state or federal courts in the State of Colorado, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

 

10. GENERAL

If any provision of these Terms of Use or the Privacy Policy is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision, and these Terms of Use and the Privacy Policy will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained in the document. Spartan Energy’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use or our Privacy Policy is in derogation of Spartan Energy’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Spartan Energy with respect to such use.  These Terms of Use and our Privacy Policy constitute the entire agreement between you and Spartan Energy with respect to the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Spartan Energy with respect to the Site.