Effective: January 15, 2017
1. Acceptance of Agreement.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Web Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Web Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Web Site. The posting of information or materials on the Web Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
3. Trademarks and Web Site Marks.
The Vesta Web site, including but not limited to its graphics, logos, page headers, button icons, scripts and Web Site names constitute trade dress of Vesta Midstream Partners LLC. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the website owner and may not be used in connection with any product or Web Site that is not affiliated with Vesta, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Vesta, or in any manner that disparages or discredits Vesta. Other trademarks that appear on the Vesta Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Vesta. Any images of persons or personalities contained on the Vesta Web site are not an indication or endorsement of Vesta or any particular product or our Web Site unless otherwise indicated.
4. Access to the Web Site
Vesta is an online Web Site providing consumers with information relating to its products as well as access to information relating to a variety of articles and content relating to matters of related and/or pertinent interest.
You are granted permission (a) to access and use the Web Site strictly in accordance with this Agreement; (b) to use the Web Site solely for internal, non-commercial purposes; and (c) to print out discrete information from the Web Site solely for internal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein.
6. Account Access; Identity Protection
In order to provide you with ease of access to your account, Vesta will place a cookie (a small text file) on any computer from which you access the Vesta Web site. When you revisit the Vesta web site, this cookie will enable us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the Vesta Web site.
If you find that you're a victim of identity theft and it involves a Vesta account, you should notify customer service on the Web Site. Then, you should report this instance to all your credit card issuers, as well as your local law enforcement agency. Vesta reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. Vesta is not obligated to credit or discount a membership for holds placed on the account by either a representative of Vesta or by the automated processes of Vesta.
7. RSS Feeds
We offer RSS feeds as a convenient way to pass information about your Vesta account or that which is publicly available on the Vesta site to your RSS reader or an RSS-associated website of your choice. RSS stands for Really Simple Syndication. It allows information to be published in a standard XML format that can be accessed via a URL. By using the Vesta RSS feeds you acknowledge and agree to the following: (i) if you use the personalized RSS feeds relating to your own Vesta account, you are consenting to the information about your account being transferred to the location of the RSS feed as enabled by you; (ii) while Vesta will not pass personally identifying information in the feed, your use may cause such information to be associated with you (it is your responsibility to handle the feed and your personal information associated with it as you deem appropriate); (iii) you shall not modify the feeds in any way, including the associated attribution to Vesta; (iv) use of the Vesta RSS feeds is for your personal, non-commercial use and is at your own option and risk. Vesta makes no representation or warranty regarding its RSS feeds and reserves the right to modify or terminate the feeds at any time without notice.
Certain sections of, or offerings from, the Web Site may require you to register. If registration is requested, you agree to provide Vesta with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
9. Third Party Content.
Third party content may appear on the Web Site or may be accessible via links from the Web Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Web Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
10. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
You agree to indemnify, defend and hold Vesta and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and Web Site providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Web Site.
Your right to use the Web Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND WEB SITES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR WEB SITE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES 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 AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VESTA AND YOU. THIS SITE AND THE PRODUCTS, WEB SITES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VESTA THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
14. Limitation of Liability
a. We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Web Site or any Web Sites or products obtainable therefrom, (b) the unavailability or interruption of the Web Site or any features thereof, (c) your use of the Web Site, (d) the content contained on the Web Site, or (e) any delay or failure in performance beyond the control of a Covered Party.
b. THE AGGREGATE LIABILITY OF VESTA AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND WEB SITES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST VESTA AND ANY AFFILIATED PARTY.
15. Use of Information.
16. Third-Party Web Sites.
We may allow access to or advertise certain third-party product or Web Site providers ("Merchants") from which you may purchase certain goods or Web Sites. You understand that we do not operate or control the products or Web Sites offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer Web Site. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY VESTA, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
17. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
18. Securities Laws.
The Web Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or Web Sites, as well as our intentions, plans and objectives (particularly with respect to product and Web Site offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Web Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends," "will" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Web Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
19. Links to other Web Sites.
The Web Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by Vesta. Inclusion of any linked Web site on our Web Site does not imply approval or endorsement of the linked Web site by Vesta. If you decide to leave our Web Site and access these third-party sites, you do so at your own risk.
Except as specifically provided herein, you may not use the Web Site or any materials retrieved from the Web Site in any fashion that infringes the copyrights or proprietary interests therein. You may not remove or obscure the copyright notice or other notices contained in materials retrieved from the Web Site.
21. Information and Press Releases.
The Web Site may contain information and press releases about Vesta. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by Vesta.
22. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Web Site and the Content and Materials provided therein.
Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically in the Web Site by Vesta. Notices shall be deemed to have been properly given on the date deposited in the U.S. mails, if mailed; on the date first made available, if displayed in the Web Site; or on the date received, if delivered in any other manner. The subscribing organization or individual may not assign its rights or delegate its duties under the subscription to access the Web Site without the prior written consent of Vesta.
This Agreement shall be treated as though it were executed and performed in Tulsa, 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 Web Site (and/or any information, Documents, products or Web Sites 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 Section 15 and Section 16. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by Vesta in our sole discretion to a third party in the event of an acquisition, sale or merger. 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. To the extent that anything in or associated with the Web 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. Our rights under this Agreement shall survive any termination of this Agreement.
Any legal controversy or legal claim arising out of or relating to this Agreement or our Web Sites, excluding legal action taken by Vesta to collect or recover damages for, or obtain any injunction relating to, Web Site operations, intellectual property, and our Web Sites, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Tulsa, Oklahoma, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Vesta may seek any interim or preliminary relief from a court of competent jurisdiction in Tulsa, Oklahoma necessary to protect the rights or property of you and Vesta pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.