These Terms were last revised on August 31, 2011.
Chesapeake Energy Corporation, its subsidiaries and affiliate companies (collectively, “Chesapeake”, “we”, “us”) operates this Web site (the “Web Site”) as a service to its customers, employees, suppliers, community neighbors, and others, subject to the terms and conditions explained on this page and all modifications from time to time thereto. By entering and/or using this Web Site or software provided through or in connection with the Web Site (collectively, the “Service”), you, the user, visitor, or others (each, a “User”, “you”), are deemed to have read, understood, and agreed to comply with and be bound to the following terms and conditions (the “Terms”), whether or not you are a registered user of our Service.
Chesapeake reserves the right to amend the Terms at any time and without notice. If we do this, we will post the amended Terms on this page and indicate at the top of the page the date the Terms were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any future Terms, do not use or access (or continue to access) the Service.
Use of Our Service
Chesapeake provides the Service to provide information and to promote public awareness and discourse related to the use and benefits of compressed natural gas (“CNG”).
You do not have to register in order to visit or use the Web Site. To access certain features of the Service, though, including, but not limited to, receiving information or updates, posting certain information or commenting on information posted by other Users, or accessing or using certain software of Chesapeake or third parties that may be available through the Service, you will need to register with the Service and create an account. Your account may give you access to certain services and functionality that we may establish and maintain for the benefit of our Users from time to time and in our sole discretion.
Subject to the Terms, you are hereby granted a non-exclusive, limited, personal license to use the Service. Chesapeake reserves all rights not expressly granted herein in the Service and all content thereto. Chesapeake may terminate this license at any time for any reason or no reason. By using the Service, you are consenting to have your personal data transferred to and processed in the United States.
You may change certain settings related to your account to control how we or other members communicate with you. By providing us with your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may not opt out of Service-related e-mails. You may opt out from other types of communication. Chesapeake uses commercially reasonable technical and organizational measures designed to secure Users account information, including personal information of the User, from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Chesapeake reserves the right to disclose any information in its possession if it is required to do so by law, or we believe, in good faith, that such disclosure is necessary to comply with the law, defend its rights or property, or to respond to an emergency situation.
The Service is subject to scheduled and unscheduled service interruptions. All aspects of the Service are subject to change or elimination at Chesapeake's sole discretion. Chesapeake reserves the right to interrupt the Service, or any portion thereof, with or without prior notice for any reason or no reason. You agree that Chesapeake will not be liable to you for any interruption of the Service, delay or failure to perform.
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. We shall have no liability for your interactions with other Users, or for any User’s action or inaction.
Chesapeake reserves the right to deny use of the Service to any User, expel Users from the Service, prevent further access by a User, and/or discontinue any aspect of the Service in its sole and absolute discretion and convenience, without notice, and for any reason or no reason.
Intellectual Property Rights and Security
For the purposes of these terms, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Except for your User Content, as defined below, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and other content (the "Chesapeake Content"), and all Intellectual Property Rights related thereto, are, unless otherwise noted, the exclusive property of Chesapeake and/or its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Chesapeake Content or materials on the Service for any purpose not expressly permitted by these terms is strictly prohibited. From time to time, Chesapeake makes fair use of on or through the Service of trademarks owned and used by third parties. Any such marks are clearly noted, and Chesapeake makes no claim to ownership of those marks.
You are prohibited from using the Service to infringe on any person's Intellectual Property Rights. Chesapeake may terminate your right to access the Service if we believe you are using the Service in a manner that infringes the Intellectual Property Rights of another. Subject to copyright notice and the trademark use/link limitations contained in these Terms, certain articles or materials within the Web Site may be downloaded, copied, displayed, printed out, or transmitted to others provided that (i) 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; (ii) such use credits us as your source, and (iii) such use is used only for your personal use. You are expressly prohibited, however, from downloading, copying, displaying, printing out, or sending a copy to others for bulk or commercial uses, or for any defamatory or otherwise illegal purpose. You acknowledge that the permission granted in this section does not constitute an endorsement by us of you or your use of the information and content. Please contact us directly for special copyright permissions.
The designated agent to receive notification of claimed infringement under Title II of the Digital Millennium Copyright Act is the Chesapeake Webmaster.
Subject to the Terms, Chesapeake grants you permission to use the Service for your personal, non-commercial purposes only. Except as expressly provided herein, you agree not to engage in or assist another to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated means; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Service than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on the Service; (v) uploading invalid data, viruses, worms, or other software agents through the Service; (vi) collecting or harvesting any personally identifiable information, including account names and email addresses, from the Service; (vii) using the Service for any commercial solicitation purposes; (viii) using any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent, (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity, including by forging, deleting, or altering any part of the TCP/IP packet header information in any email or other posting; (x) interfering with the proper working of the Service; (xi) bypassing the measures we may use to prevent or restrict access to the Service; or (xii) engaging in and/or encouraging conduct that would violate any applicable law or regulation or give rise to civil liability.
Engaging in prohibited activities, violating, or attempting to violate, the security of this Web Site or the Service may result in criminal and civil liabilities to you. Chesapeake will investigate any alleged violations, and, if a criminal violation is suspected, it will cooperate with law enforcement agencies in their investigations.
Chesapeake has the right to use, without any payment or accounting to you or others, any concepts, ideas which you (and those on your behalf) transmit to or through the Service. By your use of the Service, you receive no license, express or implied, under any patent rights or trade secret rights now or hereafter, owned, controlled or possessed by Chesapeake.
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 by, through, or in connection with the Service.
Some areas of the Service may allow Users to post reviews, comments, questions, and other information ("User Content"). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, "post") on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
By posting any User Content on or through the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Chesapeake a fully paid-up, royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, and to grant and authorize sublicenses of the foregoing for any purpose at the sole discretion of Chesapeake.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, sexually explicit or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current.
Chesapeake takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. Chesapeake is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Chesapeake shall not be liable for any damages you allege to incur as a result of such User Content. Chesapeake may provide tools for you to remove some User Content, but does not guarantee that all or any User Content will be removable.
Content posted on or through the Service by our Users or third parties is not guaranteed by Chesapeake as to its accuracy, completeness, or usefulness; and, we do not endorse any content posted by our Users or third parties. It is the responsibility of each User to evaluate the accuracy, completeness or usefulness of any content posted on or through the Service.
This Service is intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Service by anyone under 13 is unauthorized, unlicensed, and in violation of this Agreement. If you are under 18 years of age you may use the Service only if you either are an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
Third Party Websites, Advertisers, or Services
The Service may contain links to third-party websites, advertisers, or services that are not owned or controlled by Chesapeake. Chesapeake has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. If you access a third party website from the Service, you do so at your own risk, and you understand that these Terms do not apply to your use of such sites. You expressly relieve Chesapeake from any and all liability arising from your use of any third-party website or services or third party-owned content.
Additionally, your dealings with or participation in promotions of advertisers found on or through the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Chesapeake shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
You agree to defend, indemnify and hold harmless Chesapeake and its subsidiaries, agents, managers, contractors, licensors, and other affiliated companies, and its and their respective officers, directors, employees, contractors, and agents (collectively, “Chesapeake Group”) from and against any and all claims, damages, demands, cause of action, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees and accounting fees) that Chesapeake Group may become obligated to pay arising from or in connection with: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term or condition herein; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code. Chesapeake further reserves the right to assume or participate, at your expense, in the investigation, settlement, and defense of any such action or claim.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CHESAPEAKE AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
CHESAPEAKE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CHESAPEAKE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHESAPEAKE GROUP BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL CHESAPEAKE GROUP BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHESAPEAKE GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS OR LEGAL THEORY, EVEN IF CHESAPEAKE GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from its facilities in the United States. Chesapeake makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S. You may not export or re-export any services, information or materials described on or accessed by or through the Service, 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
If you are dissatisfied with any portion of the Service or with any of these Terms, your sole and exclusive remedy is to discontinue using this Web Site.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Chesapeake without restriction.
Governing Law. You agree that the Service shall be deemed solely based in Oklahoma City, Oklahoma and that these Terms shall be governed by the internal substantive laws of the State of Oklahoma, without respect to its conflict of laws principles. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the state of Oklahoma in connection with any dispute and including any claim involving Chesapeake Group (to include its telecommunication 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 Chesapeake, you agree that the United States District Court for the Western District of Oklahoma has exclusive jurisdiction. When federal jurisdiction does not exist over that action, suit or proceeding, you and Chesapeake designate the Circuit Court for the County of Oklahoma, Oklahoma, for the exclusive resolution of that dispute and submit to the jurisdiction of that court.
Entire Agreement / Severability. These Terms, together with any other terms you agree to in connection with your use of the Service, shall constitute the entire agreement between you and Chesapeake concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Chesapeake's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Limitation of Actions. Any cause of action you may have with respect to your use of the Service must be commenced within one (1) year after the claim or cause of action arises.
Questions and Notices. If you have questions about the Terms herein or the Service, please contact Chesapeake at the following address:
Chesapeake Energy Corporation
Attn: IT Department
P.O. Box 18496
Oklahoma City, OK 7315-0496