Terms of Use

Terms of Use

You have accessed the website (“Site”) of BlueMark Energy, LLC or one of its subsidiary or affiliated companies (collectively herein referred to “BlueMark,” “us,” “we” or “our”) to which these Terms of Use apply. By browsing and/or using this Site, you are agreeing to accept, unconditionally and without limitation or qualification the terms and conditions which follow, together with all applicable laws ("Terms of Use"). You also agree to review our Privacy Policy.  If you do not agree and accept, without limitation or qualification, these Terms of Use, please exit the Site. We reserve the right to modify these Terms of Use from time-to-time, without notice, and you agree to be bound by such modifications. All changes to the Terms of Use are effective immediately when we post them. Your continued use of the Site following posting of changes to these Terms of Use signifies that you accept such changes. Accordingly, you should periodically review the most recent version of these Terms of Use.

Use of Site

This Site is intended primarily for the purpose of providing general information about us and our services, and is for your personal and non-commercial use. The Site has been compiled and is maintained by us, but we make no representation as to the completeness or accuracy of the information it contains. You should be aware that some information may be incomplete, may contain errors or may be outdated. We reserve the right to add, modify or delete any information contained in this Site without notice to you. You may use the Site only for lawful purposes and in accordance with these Terms of Use. Any use of the Site for any purpose contrary to applicable law is strictly prohibited.

Copyrights and Trademarks

The Site and all of its contents including, but not limited to, all trademarks, logos, trade names, text, data, messages, pictures, images, video, audio, graphics, data compilations, icons, code and links on the Site ("Content") are owned by BlueMark or its content providers and are protected under U.S. and international copyright laws. You may not reproduce, republish, transmit, distribute, publicly display, modify, create derivative works from, or exploit in any way, in whole or in part, any of the Content of the Site without the prior written consent of BlueMark, or as authorized under these Terms. You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of Content from the Site.

Content owned by third-parties also appears on the Site, and you should respect those property rights as well. Content owned by third-parties available on the Site is used by BlueMark pursuant to a license from such third-party.

All graphics and logos displayed on the Site are our property or have been licensed by us and may not be used without our prior written permission. We do not permit the use of our name, graphics or logos in advertising, as an endorsement for any product or service, or for any other commercial purpose without our prior written approval.

Nothing on this Site should be construed as granting by implication, estoppel, or otherwise, a license or right to use any mark displayed on this Site, without the prior written permission of the owner of the mark. The copyright in the Site Content, is owned by BlueMark, unless otherwise noted. 

Links to Third-Party Sites

The Site may contain links to sites owned or operated by parties other than BlueMark. Such links are provided for your convenience only. BlueMark does not control, or is not responsible for, the content on, or the security of, such sites. Neither does BlueMark endorse the content, or any products or services available, on such sites. If you establish a link to such sites or the Site, you do so at your own risk and without the permission of BlueMark.

Disclaimer of Warranties

ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, BlueMark neither warrants nor represents that your use of any Content will not infringe the rights of any third-parties nor that the Content will be accurate, complete or up-to-date. 

Exclusion of Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER BLUEMARK, NOR ANY OF ITS OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.

Indemnification

You agree to defend, indemnify and hold harmless us, our affiliates, our subsidiaries and any of our respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of the Site or violation of these Terms of Use.

Law and Jurisdiction

These Terms of Use and your use of the Site are governed by the laws of the State of Oklahoma, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within Tulsa County, Oklahoma, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.

Rev. 7-10-2020