IMPORTANT — THIS AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY) (“LICENSEE”, “YOU” OR “YOUR”) AND REDRIVERHUB. BY USING THE SERVICES AND/OR ANY SOFTWARE HEREIN DESCRIBED, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT TO REDRIVERHUB THAT YOU HAVE LEGAL AUTHORITY TO BIND THAT ENTITY.
Acceptance of Agreement:
The REDRIVERHUB Buyer/Seller Agreement, as it may change from time to time, is hereby made a part of this Agreement in the same manner as if it were fully set forth herein.
This Agreement shall be treated as though it was executed and performed in the State of Nevada and shall be governed by and construed in accordance with the laws of said state. By your acceptance of this Agreement, you agree to submit to the personal jurisdiction and venue of Nevada courts. Any cause of action by you with respect to the Website must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any content on the Website conflicts, or is inconsistent, with this Agreement, the latter shall take precedence. Failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision, nor of the right to enforce said provision. The rights of REDRIVERHUB under this Agreement shall survive the termination of this Agreement.
The Website contains REDRIVERHUB service mark as well as those of our affiliates or other companies, in the form of words, graphics and logos. Use of the Website does not constitute any right or license for you to use such service marks without the prior written consent of the corresponding service mark owner or holder. The Website is also protected under both domestic and international copyright laws. The copying, redistribution, use or publication of any portion of the Website is strictly prohibited by law. Your use of the Website does not grant you ownership rights of any kind in the Website or any affiliated material.
Editing, Deleting and Modification
REDRIVERHUB reserves the right, at its sole and absolute discretion, to edit or delete any documents, information or other content appearing on the Website. By acceptance of this Agreement, you fully agree to this right of modification.
REDRIVERHUB is not responsible for its users, representatives, visitors, or members’ failure to consummate an agreement to purchase or lease minerals which the parties thereto reach, in principle, via this Website. Further, REDRIVERHUB cannot guarantee the authenticity of every user, representative, or agent. You agree to indemnify, defend, and hold REDRIVERHUB, and our partners, officers, directors, attorneys, staff, employees and affiliates (collectively, “Affiliated Parties”) completely harmless from any and all liability, loss, claim and expense, including reasonable attorneys’ fees, related to your violation of this Agreement or use of the Website.
Except for payment obligations, if REDRIVERHUB is prevented from performing or is unable to perform any of its obligations under this Agreement due to causes beyond the reasonable control of REDRIVERHUB invoking this provision, including but not limited to acts of God, acts of civil or military authorities, riots or civil disobedience, wars, strikes or labor disputes (each, a “Force Majeure Event”), REDRIVERHUB’S performance shall be excused and the time for performance shall be extended accordingly provided that it immediately takes all reasonably necessary steps to resume full performance.
Exclusion of Warranties
Licensee acknowledges and understands that the service and any software may contain errors, omissions, and problems. Licensee hereby accepts the service and software, “as is” and with all faults, defects and errors and licensee understands that it assumes all risks of use, quality, and performance. Neither REDRIVERHUB nor any of REDRIVERHUB’s licensors make any express warranties, and each of them disclaims all implied warranties, including implied warranties of accuracy, merchantability, fitness for a particular purpose, title and non-infringement.
Your right to use the Website is non-transferable. Any password or right given to you to obtain information or documents is non-transferable, and any such dissemination of password or right to a non-member is a violation of the Agreement and may result in suspension, termination, or revocation of your rights of use REDRIVERHUB.
Use of Information
You shall not modify, reproduce, copy, sell, resell, distribute, or create derivative works of, or based upon, any portion of the Website or any services provided or accessed on the Website. Prior to registering as a user of the Website, you agree not to use the Website, or any services related thereto, except for the express purpose of determining whether you desire to register as a user thereof. You shall not take any action that undermines the security or integrity of the Website or services provided or accessed on the Website. Unless otherwise noted herein or on the Website, all right, title, and interest, including copyrights, patents, trademarks, trade secrets and confidential information, collections of information on the Website, and all other intellectual property rights, in the content and Website (in both print and machine-readable forms) are the sole intellectual property of REDRIVERHUB.
Links to Other Websites
The Website may contain links to third-party web sites. REDRIVERHUB is not responsible for the content, accuracy, or opinions expressed on such sites, and such sites are not investigated, monitored or examined for accuracy or completeness by REDRIVERHUB. These links are provided merely as a convenience to REDRIVERHUB users. By linking content to these sites, REDRIVERHUB does not create, have an affiliation with, or sponsor such sites. Inclusion of any linked third-party web site on the Website does not imply approval or endorsement of the linked website by REDRIVERHUB. Should you decide to leave the Website and access these third-party sites, you do so at your own risk.
DISCLAIMER AND SECURITIES STATEMENT
In consideration of your being allowed access to REDRIVERHUB as buyer and/or seller, you understand, acknowledge and agree as follows:
- REDRIVERUB’s function is solely to provide a platform for mineral owners to list their minerals for sale or lease to a select pool of buyers.
- Oil and gas exploration and the leasing or buying of oil and gas minerals inherently involve highly speculative activities in which results cannot be exactly predicted and which necessarily involve risk of loss. Any of the information furnished to either party by each to the other, in connection with the lease or sale of oil and gas minerals, as such, should not be relied upon as statements of fact. Any reserve estimates, price calculations, price forecasts, exploration potential predictions or similar information contained in communications in connection with minerals listings, or may well be, estimates only, and may not be indicative of actual results.
- Neither REDRIVERHUB, nor any of its “Affiliated Parties” represent or warrant that they have in any manner investigated any mineral listings contained on the platform. None of such parties makes any representation or warranty, express or implied, and each of them hereby disclaims all implied warranties, as to: (i) the accuracy or completeness of any mineral listing, including legal description or net acres (ii) the presence of oil and gas in, on or under any listing property, or any quantities thereof in connection with the property; (iii) any results which might be expected from exploration, development, acquisition or operation of any property; (iv) oil and gas marketing and prices to be received for the sale of oil and gas; (v) the geologic, geophysical, engineering or economic merit of any property; (v) the environmental condition of any property, including liability related to the property; (vi) the availability for purchase of a particular property, or of a particular interest therein; (vii) the financial or sophistication level of any buyer, or other participant; or (viii) the availability of a particular capital transaction or terms offered by a buyer.
- As a buyer, you acknowledge and represent to REDRIVERHUB that: (i) you are able to bear the economic risk of any oil and gas investment you make; (ii) you are capable of evaluating the merits and risks of investments in oil and gas activities; (iii) any interest that you may acquire in any property will be for your own account and not with a view to the distribution or sale thereof; (iv) you are acting solely for your own account in making any evaluation; and (v) the buyer seller contract is not, should not and will not be construed as a prospectus or other such offer to sell a security or an interest in oil and gas properties.
- You agree to release REDRIVERHUB and its “Affiliated Parties”, acting on behalf of REDRIVERHUB from any and all liability that may be incurred as a consequence of your review and/or purchase of any property or participation in any capital transaction as a result of REDRIVERHUB. We are not a securities dealer, nor will we provide investment, tax, or legal advice. For investment, tax, or legal advice on oil and gas properties please consult with a licensed professional.
- You are solely responsible for any actions that you or your representatives take, or advise others to take, in reliance on any information furnished on REDRIVERHUB or on any property which is made available for purchase on REDRIVERHUB, or any representations or use of said property information in violation our agreements. You hereby agree to indemnify, defend and hold harmless and defend REDRIVERHUB, and its “Affiliated Parties” from and against any and all claims, lawsuits, liabilities, losses, damages, costs and expenses (including reasonable attorneys’ fees and costs) incurred or resulting in any manner whatsoever by any of them as a result of such actions or reliance by you or your representatives.