YOUR ACCESS TO AND USE OF MARINER’S WEBSITE IS SUBJECT TO THE TERMS AND CONDITIONS BELOW (“TERMS”) AND ALL APPLICABLE LAWS. BY VISITING MARINER’S WEBSITE, YOU ACCEPT THESE TERMS WITHOUT LIMITATION OR QUALIFICATION. ACCORDINGLY, IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU SHOULD NOT VISIT THIS WEBSITE.
Mariner invites you to use this website solely for your personal and informational use, but Mariner does not permit you to use the website for any other purpose, including any commercial purpose other than your relationship with Mariner. You also must refrain from using any robots, spiders, or other automatic devices to monitor or copy the website content or otherwise attempt to interfere with the intended and efficient functioning of the website. You agree that you will not use the website in any way that may lead to the encouragement, procurement or carrying out of any criminal activity.
You agree to comply with the restrictions on your use of the website as set out in these Terms.
Content. Mariner strives to provide content on this website that is valuable and informative to you, however Mariner must protect its legal rights in connection with such content. All content accessible within the website (including, without limitation, the “look and feel” of the website, all text, formatting, graphics, designs, animation, images, audio, and other content, as well as all trademarks and service marks) is proprietary to Mariner or to other parties who have consented to our use of it in accordance with applicable law, including applicable international treaties.
To avoid any claim of infringement or other wrongdoing, you should not, without limitation: (1) copy, reproduce, transmit, alter, publish, distribute, or create derivative works from the website content; (2) frame or deep-link to the website; or (3) use meta tags or any other hidden text utilizing Mariner’s trademarks or service marks on or in connection with another domain name or website. The only exception to this is that you may print out a copy of pages solely for your personal use. In so doing, you agree that you will not remove or alter any copyright, trademark or any other proprietary notice or legend appearing in any of Mainer’s website content.
Please Do Not Submit Ideas, Suggestions, or Other Content to Mariner Unless Your Intent is to Give Mariner That Information Unconditionally. Mariner recognizes that sometimes you may want to provide us with your ideas, suggestions, or other content for consideration. While Mariner values your comments, Mariner is unable to accept any information that you provide if it contains any obligation or limitation whatsoever. Thus, by submitting ideas, suggestions, or other content of any sort to Mariner, you are assigning to Mariner all related right, title and interest in those ideas, suggestions, or content, along with all associated copyrights or other proprietary or legal rights. As a result, Mariner will own the exclusive right to use, throughout the world, such ideas, suggestions, or other content that you provide to Mariner, without compensation or further obligation to you. You also agree to take any further action (including signing affidavits and other documents) that Mariner reasonably requests to create, record or perfect Mariner’s rights as set forth in this paragraph. Accordingly, please do not submit ideas, suggestions, or other content to Mariner unless your intent is to give us that information unconditionally.
Action in Response to Violation of Terms. Violating these Terms or misusing or infringing Mariners’ intellectual property rights may result in legal action against you. For instance, you could be subject to civil, criminal and injunctive relief, be barred from the website (without notice and at Mariner’s discretion), or be subject to other remedies available under the law. In that monetary damages may not provide adequate relief to Mariner for violation of these Terms, you consent to injunctive or other equitable relief in such instances.
Links to Other Websites. In some instances, this website may reference or link to third party websites. Should you choose to visit those websites, please remember that Mariner is not responsible for their content or their terms of use. The inclusion of these links does not imply that Mariner endorses or accepts responsibility for the content or use of any other websites. You understand that Mariner will not be liable to you in respect of any loss or damage which you may suffer by using those websites. You agree that you will not involve Mariner in any dispute between you and a third party.
Stock Pricing Data. Mariner does not control or guarantee stock pricing information provided on this website by third parties. Such data are provided for informational purposes only, and are not intended for trading purposes.
Indemnity. You agree to indemnify and hold Mariner, and Mariner’s officers, employees, representatives, contractors and agents (“Indemnified Parties”) harmless from any liability, loss, claim and expense, including attorneys’ fees and expenses, related to your violation of these Terms or your use of Mariner’s website.
Disclaimer. Mariner makes no representation or warranties, express or implied, with respect to the accuracy or completeness of the content, information, graphics, text, links, or other material contained on this website and is not responsible for any errors or omissions in the content of this website. To the extent permitted by applicable law, everything on the website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, habitability, or non-infringement. You acknowledge that any reliance upon the website or the information, material, systems, services or products contained or discussed therein shall be at your sole risk. To the extent permitted by applicable law, in no event will Indemnified Parties be liable for any damages whatsoever, including special, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data, whether brought in contract or tort, arising out of or connected with the website or the use or reliance upon, any of the content or any information accessed from the website. Additional disclaimers may appear from time to time within the body of the website and are incorporated herein by reference.
Governing Law. If you use the website and a dispute results relating to your use, the dispute will be governed by the laws of the State of Texas, without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of Harris County, State of Texas.
Who We Are. When we say “Mariner” in these Terms, we mean Mariner Energy, Inc., our subsidiaries, and certain agents used to provide services on behalf of Mariner Energy, Inc.
Severability. In the event that any provision contained in these Terms will be held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, the validity, legality and enforceability of such provision in every other respect and the validity, legality and enforceability of the remaining provisions contained in this Agreement will not be in any way impaired thereby.
Revisions to Terms. By using Mariners’ website, you consent to and accept these Terms. Mariner reserves the right to change these Terms periodically, without providing individual notice, by updating these Terms. All such changes will take effect once they have been posted on the website. You agree that it is your responsibility to monitor such updates and that your continued use of the website after such revisions have been made will constitute your full acceptance of such revised terms and conditions.
If you have any questions, complaints or comments regarding this website, you may contact us at ir@mariner-energy.com.
Terms last updated: February 1, 2010
