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Important: Read these terms and conditions carefully
before using this site. You may not access or otherwise use this web site
if, at any time you do not agree to these terms.
Farmers Royalty Company
(Farmers), operates this Web site (“Web Site”) 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 Web site, 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 Web Site. Farmers reserves the right to modify
the Terms at any time, and without actual notice to you. You should check the
Terms periodically for changes. All such changes to the Terms will appear
on this Web site. By entering and/or using this Web Site following any
modifications to the Terms, you agree to be bound by any such modifications to
the Terms. Farmers reserves the right to expel users and prevent their
further access to this Web Site in its sole discretion without notice.
Intellectual Property Rights
The contents of this Web Site,
including but not limited to text, graphics, images and other content 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 Farmers. The use of these
marks, except as provided in these Terms is prohibited. From time to time,
Farmers makes fair use in this Web Site of trademarks owned and used by third
parties. Any such marks are clearly noted, and Farmers makes no claim to
ownership of those marks. Examples of marks of third parties appearing on
this Web Site which Farmers is not affiliated with and make no claim to these
marks include but not limited to the following marks:
Adobe®, Acrobat® and Reader® are
either registered trademarks or trademarks of Adobe Systems Incorporated.
You are prohibited from using
this Web Site to infringe on any person's copyright, trademark, patent or other
intellectual property rights. Farmers may terminate your right to access
the Web Site if it believe you are using this Web Site 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 Web Site 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 Web Site solely for your
personal, non-commercial, or non-profit 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 the Web Site on any other web
site or in a networked environment is prohibited. Other than as
specifically set out in this paragraph you may not copy (whether by printing
off 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 Site. You may not sell or modify the contents of this Web Site or
reproduce, display, or distribute it for any public purpose.
The designated agent to receive
notification of claimed infringement under Title II of the Digital Millennium
Copyright Act is the Farmers Webmaster.
Security
You are prohibited from
violating, or attempting to violate, the security of this Web Site. Any such
violations may result in criminal and civil liabilities to you. Farmers 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 Web Site 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;
• Attempting to probe, scan, or test the vulnerability of any
system, subsystem or network;
• 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 Web Site;
• Interfering with, intercepting or expropriating any system,
data or information; or
• 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 e-mail messages,
bulk commercial advertising, or chain letters to one or more e-mail groups
(which are two or more e-mail addresses aggregated as a single e-mail
addressee);
• Posting an e-mail, or otherwise transmit or use the Web Site
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 Farmers in its sole discretion
does not wish posted or transmitted on the Web Site;
• Continue to send e-mail to a recipient who has indicated
that he/she does not wish to receive a communication from you;
• Engage in and/or encourage conduct that would violate any
applicable law or regulation or give rise to civil liability;
• Impersonate any individual or entity, falsely state or
otherwise misrepresent your identity or affiliation in any way, or forge,
delete or alter any part of TCP/IP packet header information in any e-mail or
other posting;
• Engage in deceptive online marketing; or
• Assist or permit any persons in engaging in any of the
activities described above; or
• You may not link to this site without prior written
permission from Farmers.
You are responsible for any
material you place on or transmit to or through this Web Site. You agree,
represent and warrant that any information you post to or transmit through this
Web Site 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. 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.
Farmers has the right to use,
without any payment or accounting to you or others, and concepts, ideas which
you (and those on your behalf) transmit to or through this Web Site. By
your use of the Web Site you receive no license, express or implied, under any
patent rights or trade secret rights now or hereafter, owned, controlled or
possessed by Farmers.
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 Web Site.
Privacy Statement
When you visit this Web Site,
Farmers may automatically collect certain non-identifying information that
allows the Web Site to communicate with the visitor’s computer during the
visit. Farmers also tracks the number of visits to the site, which parts
of the site visitors select, IP address (the Internet address assigned to your
computer from your Internet Service Provider), domain type, browser type (e.g.,
Netscape or Internet Explorer), date and time of day. This information is not
sold or otherwise disclosed to third parties for any purposes. In
addition, Farmers may store some information on your computer’s hard drive as a
"cookie" or similar type of file. Farmers uses this information
internally, to help us enhance the efficiency and usefulness of the Web Site.
If you object to this, please consult your Browser’s documentation for
information on erasing or blocking cookies.
A. Sensitive Information
Farmers does not seek any
sensitive information from visitors to this Web Site, unless legally required
to do so, for example, in connection with recruiting or hiring. Sensitive
information includes a number of types of data relating to: race or ethnic
origin, political opinions, religious or other similar beliefs, trade union
membership, physical or mental health, sexual life or criminal record. Farmers
suggests that you do not provide sensitive information of this nature. However,
if you do provide such information, Farmers accepts your explicit consent to
use that data in the ways described in this Privacy Statement or in the ways
described at the point where such information is disclosed.
B. Hyperlinks
This Web Site has links to sites
that Farmers does not own, control or maintain. We cannot be responsible for
their privacy policies and practices and we make no representations or
warranties about the privacy practices of those sites. Similarly, we cannot be
responsible for the policies and practices of any site from which you linked to
our Web site. We recommend that you check the privacy policy of other sites and
contact the operator if you have concerns or questions.
Notwithstanding any other
statements or representations here or elsewhere on this Web Site, Farmers
reserves its 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 a disclosure
is necessary to comply with the law, defend its rights or property, or to
respond to an emergency situation.
Contacting Farmers
If you have any questions about
the content of this Privacy Statement or the Terms herein, please contact
Farmers at the following address:
Farmers Royalty Company
3829 N. Classen Blvd., Suite 201
Oklahoma City, OK 73118
Disclaimer of Warranties
Farmers does not warrant that the
web site will operate error-free or that the web site and its server are free
of computer viruses or other harmful material.
If your use of the web site or the site’s material results in any costs
or expenses, including, without limitation, the need for servicing or replacing
equipment or data, farmers shall not be responsible for those costs or
expenses.
This web site and its material
are provided on an "as is" basis without any warranties of any kind.
Farmers, to the fullest extent permitted by law, disclaims all warranties,
including the warranty of merchantability, non-infringement of third parties
rights, and the warranty of fitness for particular purpose. Although farmers strives to provide thorough
and accurate materials on its site, we make no warranties about the accuracy,
reliability, completeness, or timeliness of the material, services, software,
text, graphics, and links.
Limitation of Liability
In no event shall
Farmers 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 web
site or sites linked to this web site, whether based on warranty, contract,
tort, or any other legal theory, and whether or not farmers is advised of the
possibility of such damages.
Although Farmers strives for
accuracy in all elements of the Web Site, it may contain inaccuracies or
typographical errors. Farmers makes no representations about the accuracy,
reliability, completeness, or timeliness of the material on this Web Site or
about the results to be obtained from using the Web Site. You use this Web Site and its contents at
your own risk.
Indemnity
You agree to indemnify, hold
harmless, and defend Farmers as well as Farmers 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 Farmers may become obligated to pay arising or resulting
from your use of the Web Site and contents therein or your breach of these
Terms. Farmers further reserves the right to assume or participate, at
your expense, in the investigation, settlement and defense of any such action
or claim.
User’s Remedy
If you are dissatisfied with any
portion of this Web Site or with any of these Terms, your sole and exclusive
remedy is to discontinue using this Web Site.
"Safe Harbor” -
Forward-Looking Statements
Some of the information
on this Web Site may contain projections or other forward-looking statements
regarding future events or the future financial performance of the
Farmers. Farmers cautions you that these
statements are only predictions and that actual events or results may differ
materially. Farmers refers you to the Reports section of this site. That section contains reports that identify
important factors that could cause the actual results to differ materially from
those contained in our projections or forward-looking statements, including,
among others, potential fluctuations in quarterly results, dependence on new
product development; rapid technological and market change, acquisition
strategy, manufacturing risks, risks associated with Internet infrastructure,
volatility of stock price, financial risk management, and future growth subject
to risks. Factors that could cause actual results to differ materially
from those in the forward-looking statements are detailed from time to time in
the Reports section and may include the following:
• Factors
affecting operations, such as: unusual weather conditions, catastrophic
weather-related damage, environmental incidents and unusual maintenance and
repairs;
• State and Federal legislative and regulatory developments;
• The effects of present and prospective competition;
• Farmers's pursuit of potential business strategies,
including acquisitions or dispositions of assets;
• Financial or regulatory accounting principles and policies
imposed by governing bodies;
• The effects of geopolitical events, including the threat of
domestic terrorism;
• Changing market conditions and other factors related to
physical and financial energy trading activities, including price, basis,
counterparty credit risk, liquidity, volatility, capacity, transmission,
currency exchange rates, interest rates and warranty risks; and
• Financial market conditions, including availability and cost
of capital, and Farmers's ability to obtain financing on favorable terms.
Farmers has based its
forward-looking statements on management's beliefs and assumptions using
information available at the time the statements were made. Farmers cautions the reader not to place
undue reliance on its forward-looking statements because the assumptions, beliefs,
expectations and projections about future events may and often do materially
differ from actual results. Farmers undertakes no obligation to update any
forward-looking statement to reflect developments occurring after the statement
is made.
Applicable Law and Jurisdiction
By accessing or visiting this Web
Site, you expressly agree that the laws of Oklahoma, 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 Oklahoma in connection with any such dispute and including any claim
involving Farmers 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
Farmers, 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 Farmers 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.
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 Web Site, these Terms and Conditions
constitute the entire agreement between the visitor and Farmers with respect to
your use of this Web Site.
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.
Miscellaneous
This Web Site originates from
Oklahoma City, Oklahoma. Farmers does not claim that the content on this Web
Site are appropriate or may be used outside of the United States. Access to the
Web Site may not be legal by certain persons or in certain countries. If You
access the Web Site from outside of the United States, you do so at your own
risk and are responsible for compliance with all applicable US and local 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
Web Site and its contents.
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