The EO100™ Standard - Terms of Use

These Terms of Use govern the use of our publication, the EO100™ Standard. On these pages, “we,” “our,” and “Equitable Origin” mean Equitable Origin Holdings LLC, Equitable Origin LLC, and Equitable Origin Retail and Marketing LLC, each of which is a Delaware limited liability company. Any and all other material or content found on www.equitableorigin.com, the website for Equitable Origin (the “Website”), are governed by separate terms of use covering the Website itself. By clicking on “Accept” and submitting a request to obtain our EO100™ Standard, you accept these Terms of Use and all policies posted on our Website related to the EO100™ Standard.

Privacy Policy

Equitable Origin respects your privacy and the security of your personal information. Equitable Origin’s Privacy Policy, which can be found at Terms and Conditions, applies to your use of the EO100™ Standard. We encourage you to read the Privacy Policy so that you understand how we collect and use your information and can make informed choices about requesting and obtaining the EO100™ Standard.

The EO100™ Standard

Equitable Origin has developed a rating system to evaluate the environmental and social responsibility of oil and gas exploration and production operations, referred to as the “EO100™ Standard.” We make copies of the EO100™ Standard available only to Users (as defined below) that request it and, then, only under limited circumstances, as described in these Terms of Use.

Requests to Obtain the EO100™ Standard

You may request a digital copy of the EO100™ Standard either individually or on behalf of an Organization. By “Organization,” we mean a business enterprise (corporation, partnership, or other form of organization) that has granted you the authority to obtain a copy of the EO100™ Standard on its behalf (including entering into these Terms of Use on its behalf) and in which you serve as an officer, manager, managing-member, partner or trustee. In these Terms of Use, the terms “you” and “User” mean either (i) you individually if you request to obtain the EO100™ Standard as an individual or (ii) your Organization if you request to obtain the EO100™ Standard on behalf of an Organization.

To request a digital copy of the EO100™ Standard, you must accept these Terms of Use when prompted, provide us with the name of your Organization (if applicable), your name, your position within the Organization (if applicable), your mailing address, your email address, and your telephone number. After you have provided us with the above-identified information and accepted these Terms of Use, Equitable Origin will process your request. If you request a copy of the EO100™ Standard on behalf of an Organization, Equitable Origin requires that you have the authority to act on behalf of the Organization, including the authority to enter into these Terms of Use on its behalf and to obtain a copy of the EO100™ Standard on its behalf. Therefore, a request by an Organization must be submitted by an authorized officer of the Organization (such as a President or Vice President) or by an authorized manager, managing member, partner or trustee of the Organization. Equitable Origin is under no obligation to accept your request and will honor only one (1) request per User.

Use of the EO100™ Standard

A. Individually

If you request a copy of the EO100™ Standard as an individual and your request is accepted, Equitable Origin will provide you with one (1) digital copy of the EO100™ Standard. If you request it, Equitable Origin may also mail you one (1) print copy of the EO100™ Standard. A User who obtains a copy of the EO100™ Standard as an individual (whether digitally or in print) is not permitted to make any copy of the EO100™ Standard. Any User who obtains a copy of the EO100™ Standard as an individual and makes unauthorized copies of the EO100™ Standard shall, at its sole expense, retrieve any copy that has been given to a third party and destroy or erase all unauthorized copies so that the information contained thereon cannot practicably be read or reconstructed.

B. By an Organization

If you request a copy of the EO100™ Standard on behalf of an Organization and your request is accepted, Equitable Origin will provide you, on behalf of your Organization, with one (1) digital copy of the EO100™ Standard. If you request it, Equitable Origin may also mail you one (1) print copy of the EO100™ Standard. By providing you with a copy of the EO100™ Standard (whether digitally or in print), we grant your Organization a nontransferable and nonexclusive “enterprise license” to make and distribute copies of such EO100™ Standard to other employees within the Organization. All copyright notices and other proprietary notices must be retained on all such copies. The Organization is responsible for ensuring that its employees do not make or distribute unauthorized copies of the EO100™ Standard and shall, at its sole expense, retrieve any copy that has been given to a third party and destroy or erase all unauthorized copies so that the information contained thereon cannot practicably be read or reconstructed.

C. Generally

After receipt of the EO100™ Standard from Equitable Origin, you are authorized to use the EO100™ Standard for informational and internal business purposes only. You are not permitted to use the EO100™ Standard to provide services for third parties, through a service bureau or otherwise. You acknowledge that the EO100™ Standard is protected under copyright law, including U.S. copyright law, which provides substantial damages for unauthorized copying, adaptation, or distribution of a work of authorship. Other than as may be expressly provided in these Terms of Use, you may not copy, edit, modify, transform, adapt, publish, republish, upload, distribute, redistribute, transmit, post, broadcast, or translate the EO100™ Standard or authorize any third party to undertake such action. However, you may disseminate a hyperlink to the “sign-up page” located on our Website where Users provide us with the information required to request a copy of the EO100™ Standard. Unauthorized use of the EO100™ Standard is prohibited by law. Equitable Origin may revoke your permission to use the EO100™ Standard at any time and, if it does so, you agree to stop using the EO100™ Standard immediately, return to us any copy of the EO100™ Standard that you have in your possession, and destroy all electronic copies in your files and records. Use for any purpose other than as permitted in this paragraph is expressly prohibited by law.

Intellectual Property Rights

The copyright in the EO100™ Standard is owned by Equitable Origin LLC - © 2011 Equitable Origin LLC. All Rights Reserved. Equitable Origin may also have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering the contents of the EO100™ Standard, and Equitable Origin and its licensors retain all right, title, and interest in and to such intellectual property rights. Except as expressly provided above or in a written agreement between you and Equitable Origin, the furnishing of the EO100™ Standard does not grant you any license, express or implied, to any such patents, patent applications, trademarks, copyrights, or other intellectual property of Equitable Origin. You may not assign or transfer your right to use of the EO100™ Standard to any third party. Any unpermitted assignment or other form of transfer of your right to use the EO100™ Standard is void.

Remedies

By accepting these Terms of Use, you acknowledge and agree that any breach or threatened breach of these Terms of Use by you would cause irreparable damage and that, in the event of such breach or threatened breach, Equitable Origin shall have, in addition to any and all remedies at law, the right to injunctive relief, specific performance, and all other equitable relief of any kind available to Equitable Origin to prevent the violation of your obligations hereunder without the necessity of any proof of actual damages or the posting of a bond or other security. Nothing contained herein shall affect the right of Equitable Origin to seek and obtain monetary damages in addition to such equitable relief.

Disclaimer

While Equitable Origin has made every effort to ensure that all information contained within the EO100™ Standard accurately reflects our current certification process, the EO100™ Standard 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, Equitable Origin does not warrant that the EO100™ Standard is complete or that the EO100™ Standard will meet your requirements.

Limitation of Liability

Equitable Origin will not be liable for any damages or injury, including but not limited to, special, indirect, incidental, or consequential damages, caused by your use of the EO100™ Standard, even if an authorized representative of Equitable Origin has been advised of the possibility of such damages.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to certain Users.

Miscellaneous

These Terms of Use constitutes the entire agreement between you and Equitable Origin regarding your use of the EO100™ Standard and supersedes all prior agreements or communications. If any provision of these Terms of Use is found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use. No waiver shall be effective against us unless we make it in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. These Terms of Use will be governed by the laws of the State of Delaware applicable to contracts entered into and performed exclusively in the State of Delaware. Any court of competent jurisdiction sitting within New Castle County, Delaware, will have exclusive jurisdiction and venue for any dispute arising out of or relating to the EO100™ Standard or these Terms of Use, and you hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue is not appropriate or convenient.

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