VAALCO Energy, Inc. Terms of Use
Last updated on 12/03/2024
PLEASE READ THESE TERMS OF USE (“TERMS OF USE”) CAREFULLY. THESE TERMS OF USE GOVERN YOUR ACCESS TO AND USE OF ANY WEBSITE, MOBILE SITE OR APPLICATION IN WHICH THESE TERMS OF USE ARE POSTED (“SITE”), INCLUDING ALL CONTENT, SERVICES AND OTHER MATERIALS PROVIDED ON OR THROUGH THE SITE. BY ACCEPTING THESE TERMS OF USE OR BY ACCESSING OR USING THE SITE, YOU ARE ACKNOWLEDGE THAT: (1) YOU HAVE REVIEWED AND AGREE TO BE BOUND BY THESE TERMS OF USE; AND (2) THESE TERMS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND VAALCO ENERGY, INC. (“VAALCO”). IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITE.
1. Minimum Age
You represent that you are at least 18 years of age, or the age of majority in the State in which you reside. If you are under the age of 18 (or the age of majority in the State in which you reside), but at least 13 years of age, you may use the Site only under the supervision of your legal guardian who has agreed to be bound by these Terms of Use. This Site is not intended for, and you may not access or use this Site if you are under 13 years of age.
2. Privacy Policy
You agree that VAALCO may collect and use technical data and related information, including but not limited to personal and technical information about you, including the devices, systems, and software applications you use to access or use the Site, which are gathered to determine enhancements or improvements to the Site and facilitate and improve your use of the Site. Any information we collect through the Site is subject to our Privacy Policy.
3. Modifications
VAALCO reserves the right to modify and update these Terms of Use, as well as any aspect of the Site at any time, in our sole discretion. Your continued access to or use of the Site will constitute your acceptance of any modifications or updates made by VAALCO.
4. Proprietary Rights
This Site, which includes all software, interfaces, computer code, scripts, databases, designs and other components used or incorporated into the Site, and any and all images, graphics, reports, data, information and other content contained on the Site (collectively, the “Site Content”), including all intellectual property rights associated therewith, are and will remain the sole property of VAALCO, its licensors and other third parties. You are permitted to access and use the Site and the Site Content solely for your own personal, non-commercial purposes in accordance with these Terms of Use. You may not reproduce, modify, republish, distribute, resell, broadcast, reverse-engineer, create derivative works from, exploit or otherwise use the Site or any Site Content, except to the extent expressly permitted in these Terms of Use. All rights not expressly granted herein are reserved by VAALCO and its licensors.
All trademarks, service marks and logos displayed on the Site (collectively, “Marks”) are the property of their respective owners. Any unauthorized use of such Marks may be in violation of the intellectual property rights of others. You must obtain our written permission prior to using any Marks of VAALCO or any affiliate of VAALCO for any purpose.
Your unauthorized use of the Site, Site Content or Marks may be in violation of copyright, trademark or other intellectual property laws.
5. Third-Party Materials
This Site may contain links and plug-ins to third party websites, applications and services, and may otherwise incorporate content provided by third parties (“Third-Party Materials”). All Third-Party Materials made available on or through the Site are provided solely as a convenience to you. VAALCO does not control, endorse or adopt any Third-Party Materials, nor does VAALCO undertake any obligation to review or update such Third-Party Materials for accuracy, currency or completeness. Your use of Third-Party Materials and any third-party sites accessed through such Third-Party Materials may be subject to separate terms, conditions and policies of the applicable third party (collectively, “Third-Party Terms”). It is your responsibility to review and comply with any and all Third-Party Terms. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIRD-PARTY MATERIALS IS AT YOUR SOLE RISK. VAALCO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ALL THIRD-PARTY MATERIALS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VAALCO IS NOT RESPONSIBLE OR LIABLE TO YOU IN CONNECTION WITH YOUR USE OF ANY THIRD PARTY MATERIALS.
6. Information Contained on the Site; Forward-looking Statements
Except as otherwise provided in these Terms of Use or on the Site, all statements and expressions contained on the Site are the sole opinion of VAALCO and are subject to change without notice. The information contained in the Site or in the documents referred to herein has been provided for informational purposes only. None of the services or investments referred to on the Site are available or appropriate for sale or use in any jurisdiction where such activity is prohibited. The information provided through the Site is intended solely for your general knowledge and does not constitute an offer or a solicitation of an offer for the purchase or sale of any shares or other securities of VAALCO. VAALCO does not provide investment or financial advice, and you are urged to consult your own financial advisor before making any investment decision. THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION PROVIDED THROUGH THE SITE IS NOT WARRANTED AND IS ONLY AS RELIABLE AS THE SOURCES FROM WHICH IT WAS OBTAINED. YOU UNDERSTAND AND AGREE THAT INVESTORS MAY LOSE ALL OR A PORTION OF THEIR INVESTMENT IN VAALCO OR ANY OTHER COMPANY AND THAT THE PRICE OF VAALCO’S SHARES AND THE INCOME DERIVED FROM THEM CAN GO DOWN AS WELL AS UP AND INVESTORS MAY NOT GET BACK THE AMOUNT ORIGINALLY INVESTED. YOU UNDERSTAND AND AGREE THAT PAST PERFORMANCE IS NOT NECESSARILY A GUIDE TO FUTURE PERFORMANCE FOR INVESTMENTS.
Certain information made or contained in the Site or in the documents referred to herein contain “forward-looking statements” within the meaning of Section 27A of the Securities Act of 1933, as amended and Section 21E of the Securities and Exchange Act of 1934, as amended. Any statements that express or involve discussions with respect to predictions, expectations, beliefs, plans, projections, objectives, goals, assumptions or future events or performance are not statements of historical facts and may be “forward-looking statements”. Forward-looking statements may be identified through the use of words such as “expects”, “will”, “anticipates”, “estimates”, “believes”, or by statements indicating certain actions “may”, “could”, “should” or “might” occur. Forward-looking statements include, but are not limited to, statements relating to (i) estimates of future drilling, production, sales and costs of acquiring crude oil, natural gas and natural gas liquids; (ii) expectations regarding VAALCO’s ability to effectively integrate assets and properties it has acquired into its operations; (iii) expectations regarding future exploration and the development, growth and potential of VAALCO’s operations, project pipeline, investments, schedule and anticipated benefits to be derived therefrom; (iv) expectations regarding future acquisitions, investments or divestitures; (v) expectations of future dividends; (vi) expectations of future balance sheet strength; and (vii) expectations of future equity and enterprise value.
Forward-looking statements are based on expectations, estimates and projections at the time the statements are made. These statements involve a number of risks and uncertainties outside of VAALCO’s control, which may cause actual results and events to differ materially from those presently anticipated. Such risks and uncertainties include, but are not limited to: (1) risks relating to any unforeseen liabilities of VAALCO; (2) the ability to generate cash flows that, along with cash on hand, will be sufficient to support operations and cash requirements; (3) risks relating to the timing and costs of completion for scheduled maintenance of VAALCO’s properties and assets; and (4) the risks described under the caption “Risk Factors” in VAALCO’s most recent Annual Report on Form 10-K filed with the United States Securities and Exchange Commission (“SEC”) and any subsequent Quarterly Reports and Current Reports filed with the SEC. Therefore, you should not rely on any of these forward-looking statements.
Any forward-looking statement made or contained on this Site or in the documents referred to herein is based only on information currently available to VAALCO at the time of such statement and speaks only as of the date on which it is made. Except as may be required by applicable federal securities laws, VAALCO undertakes no obligation to publicly update any forward-looking statement that may be made from time to time, whether as a result of new information, future developments or otherwise.
The SEC permits oil and gas companies, in their filings with the SEC, to disclose only proved reserves that a company has demonstrated by actual production or formation tests to be economically and legally producible under existing economic and operating conditions. VAALCO uses certain crude oil and natural gas metrics on the Site, which do not have standardized meanings or standard methods of calculation as classified by the SEC, and, therefore, such measures may not be comparable to similar measures used by other companies. U.S. investors are urged to consider closely the disclosures in VAALCO’s most recent Annual Report on Form 10-K filed with the SEC.
7. Acceptable Use Policy
You agree that you will not: (1) use the Site in a manner that constitutes a criminal offense, gives rise to civil liability, or otherwise violates any local, state, national, or international law; (2) transmit any computer viruses, malware, bots, worms, Trojan horses or other harmful, disruptive, or destructive materials to the Site; (3) restrict or interfere with any other user’s ability to use or enjoy the Site, as determined by VAALCO in its sole discretion; (4) tamper with the Site or any Site Content; (5) use any robot, spider, scraper or any other automated means or interface not provided by VAALCO to access the Site or extract any Site Content; (6) use the Site or Site Content to violate your contractual or fiduciary relationships with any third parties; or (7) use the Site or any Site Content in a manner that violates these Terms of Use. VAALCO reserves the right to immediately suspend or terminate your access to the Site and seek other legal or equitable remedies if VAALO suspects that you have violated this Acceptable Use Policy.
8. Termination
Without limiting any other remedy available to VAALCO under these Terms, in law or in equity, VAALCO reserves the right to terminate these Terms of Use or restrict, suspend or terminate your access to the Site for any reason and at any time, with or without notice to you. You may terminate these Terms of Use by permanently discontinuing your access to and use of the Site.
9. Warranty Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SITE CONTENT ARE PROVIDED, “AS IS,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT. NEITHER VAALCO NOR ITS LICENSORS WARRANT THAT THE SITE WILL OPERATE ERROR-FREE, MEET YOUR REQUIREMENTS, OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIAL, OR THAT THE SITE CONTENT WILL BE TIMELY, COMPLETE OR ACCURATE. USE OF THE SITE AND ALL SITE CONTENT IS AT YOUR SOLE RISK.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND ACCORDINGLY, THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE A CONSUMER, ANY STATUTORY RIGHTS THAT CANNOT BE WAIVED BY YOU ARE UNAFFECTED BY THIS SECTION.
10. Limitation of Liability
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL VAALCO OR ANY OF ITS AFFILIATES BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOST REVENUES, PROFITS, OR GOODWILL, WHICH ARISES OUT OF OR IS RELATED TO YOUR USE OF THE SITE OR THE SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT OR ANY OTHER LEGAL THEORY, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL VAALCO’S OR ANY OF ITS AFFILIATES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THIS SITE OR ANY SITE CONTENT, DIRECT OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS. TO THE EXTENT THE LAWS OF ANY COURT OF COMPETENT JURISDICTION PROHIBITS ANY OF THE LIABILITY LIMITATIONS IN THESE TERMS OF USE, VAALCO’S OR ITS AFFILIATES’ LIABILITY TO YOU SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTION.
11. Indemnity
You agree to indemnify, defend and hold harmless VAALCO, its affiliates, and each of their respective officers, directors, employees, contractors, agents, licensors and other representatives, from and against all claims, losses, liabilities, damages, fines, penalties, interests costs, and expenses, including reasonable attorneys’ fees, arising out of or related to your use or misuse of the Site, including any Site Content, your breach of these Terms of Use or your violation of applicable laws or the rights of a third party. VAALCO reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this Section, in which event you agree to cooperate with any reasonable requests assisting our defense of such matter.
12. Governing Law; Jurisdiction
All questions concerning the construction, validity, enforcement and interpretation of these Terms of Use shall be governed by and construed in accordance with the domestic laws of the State of Texas, without giving effect to any choice of law or conflict of law. You consent to the exclusive jurisdiction of any state or federal court sitting in the state of Texas.
13. Export Control
VAALCO controls and operates the Site from the United States and does not claim that any part of the Site is appropriate or may be accessed or used outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Site. You agree to comply with all U.S. or other export and re-export control restrictions. You represent and warrant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or similar restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) identified in any U.S. government list of prohibited or restricted parties.
14. General
If any provision of these Terms of Use 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 of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be a further or continuing waiver of such provision or any other provision in these Terms of Use. The section names in the Terms of Use are for convenience only and have no legal or contractual effect. You may not assign these Terms of Use, or any of your rights or obligations hereunder, without the prior written consent of VAALCO. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms of Use at any time without your prior consent. Except as expressly provided elsewhere in the Site, these Terms of Use and any other terms and conditions expressly incorporated by reference into these Terms of Use by VAALCO constitute the entire agreement between you and VAALCO with respect to your use of the Site and the Site Content.
15. Surviving Terms
The following sections will survive termination of these Terms of Use: the “Privacy Policy”, “Proprietary Rights”, “Third-Party Materials”, “Information Contained on the Site; Forward-looking Statements”, “Warranty Disclaimer”, “Limitation of Liability”, “Indemnity”, “Governing Law; Jurisdiction”, “General”, and “Surviving Terms”.
16. Contact Us
If you have any questions about these Terms of Use, you may contact us at: vaalco@vaalco.com.