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Buyer User Agreement

This Buyer User Agreement (the “Agreement”) shall govern your use of the website at www.petroleumlistingplace.com (hereinafter referred to as the "Website") and all content, data and materials available or generated on the Website (collectively referred to as "Content") provided by Petroleum Listing Place, LLC (hereinafter referred to as “PLP”):

CAREFULLY READ THE TERMS AND CONDITIONS SET FORTH BELOW. BY CLICKING THE "I AGREE, CONTINUE" BUTTON, YOU EXPRESSLY AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW AND ARE ENTERING INTO A LEGALLY BINDING CONTRACT THAT IS VALID AND ENFORCEABLE UNDER A VARIETY OF STATE AND/OR FEDERAL STATUTES AND AT COMMON LAW. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, YOU MAY NOT USE THE WEBSITE AND/OR ITS CONTENT AND YOU SHOULD EXIT THE WEBSITE BY CLICKING ON THE “I DECLINE” BUTTON.

  1. Purpose. The purpose of the Website is to act as a venue for connecting sellers and buyers of petroleum related assets. PLP may provide registered buyers access to listings for petroleum related assets posted or otherwise offered by sellers on the Website, including descriptions, data, supporting documentation, pictures and any other information and content associated therewith that is posted, uploaded to or otherwise offered on the Website regarding the same (“Listings”). Such access may be referred to herein as the “Service”. PLP is not involved in the buying or selling of the assets described in the Listings, which must be achieved through direct contact between buyers and sellers.

  2. Age. You represent and warrant that you are eighteen (18) years of age or older.

  3. Authority. You represent and warrant that you have the authority to enter into this Agreement on behalf of yourself and any company that you represent.

  4. Seller Listings. You acknowledge that all Listings are created and posted by the related seller. You further acknowledge and agree that PLP has undertaken no efforts to review the accuracy, correctness or completeness of any Listings and makes no representations regarding the accuracy, integrity, correctness or completeness of the same. You further agree that PLP has no control over the condition, quality, safety or legality of any of the assets described or otherwise offered in the Listings and PLP makes no representations of any kind regarding the same.

  5. Buyer Responsibility for Information Posted on the Website. You are responsible for your own diligent inquiry with respect to all Listings posted by any seller and any other information posted on the Website and you must conduct your own due diligence to determine the accuracy, correctness and completeness of the same. You are encouraged to consult with financial advisors, legal counsel and any and all other parties you may deem necessary to evaluate and consider the Listings on the Website and the safety, quality and legality of the same.

  6. Transactions between Sellers and Buyers. You agree that PLP is not and shall not be a party to any actual or potential transaction between a seller and you and cannot and does not ensure that a seller will complete a transaction. As a result, any part of an actual or potential transaction between a seller and you, including, but not limited to, the truth or accuracy of the Listings or the ability of a seller to lease, sell or otherwise divest the assets in a Listing are solely your responsibility and you agree to defend, indemnify and hold harmless PLP from any claims and liabilities associated therewith. Your correspondence or business dealings with sellers or third parties accessed through the Website or the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such parties. You agree that PLP shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

  7. Notification for Purchased Listings. You acknowledge that a seller may owe PLP a commission for any Listing sold. In the event you purchase a Listing or any assets offered in a Listing, you agree to notify PLP within thirty (30) days of the closing of the transaction. In the notice, you shall provide the purchased lot #, seller name and closing date. The notice may be delivered via mail to Petroleum Listing Place, LLC, P.O. Box 99, Kiefer, OK 74041 or via e-mail through the Contact Us page on the Website. You further agree that you shall not cooperate or otherwise work with the seller to allow them to circumvent or attempt to circumvent their obligations for any commission amount that may be due or owed to PLP. Failure to notify PLP within thirty (30) days after the closing may result in PLP’s termination of your access to the Website and forfeiture of any annual membership fees paid.

  8. Access, Modifications, Discontinuance and Termination. PLP shall have the right in its sole discretion to refuse to grant access to you or to cancel your access to the Website at any time without notice. PLP reserves the right at any time, without notice, to modify, discontinue (permanently or temporarily) the Website, the Service and any other services provided by PLP hereunder. In the event of modification or discontinuance, any information provided by you may be lost. You agree that PLP shall not be responsible to you for any modification of the Website or the interruption of any service offered at the Website. You agree to keep a permanent record of all information provided by you to PLP and you agree that all information submitted to PLP is at your own risk. You agree that PLP has no responsibility for the deletion or failure to store information maintained at, accessible at or transmitted to the Website, including, without limitation, messages, saved files, spreadsheets, prospective purchases, and other communications.

  9. Free Trial Period.  From time to time, as part of the buyer sign-up process, PLP may offer you access to the Website on a “free trial” basis to help you determine whether you want to sign up for an annual membership.  At the end of the trial period you will have the option to sign up for an annual membership or discontinue using PLP as a registered buyer.  In the event you elect to not sign up for an annual membership and continue as a registered buyer, you agree that the terms and conditions of this Agreement shall remain in full force and effect.

  10. Annual Membership Cost and Term. The cost of an annual membership to the Website is $250 per year per registered buyer.

  11. Buyer Sign-Up and Registration. During the buyer sign-up and registration process, you will be asked for your name and the name of the company that you are representing or acting on behalf of. You agree and acknowledge that you may not sign-up as a registered buyer and represent more than one company unless the companies are affiliates of one another. In the event you represent more than one unaffiliated company, you agree to complete a separate buyer sign-up and registration process for each such unaffiliated company. Failure to comply with this provision may result in PLP’s termination of your access to the Website and forfeiture of any annual membership fees paid.

  12. Account, Password and Security. As part of the buyer signup process, you will create an account and password. You are solely responsible for maintaining the confidentiality of the account and the password, and are solely responsible for all activities that occur under your account. You agree to immediately notify PLP of any unauthorized use of your account. PLP, in its sole discretion, may terminate your password, account (or any part thereof) or access to the Website, and remove and discard any Content within the Website, for any reason, including, without limitation, non-payment, for lack of use, or if PLP believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. PLP may also in its sole discretion and at any time discontinue providing the Service, access to the Website, or any part thereof, with or without notice. You agree that any termination of your access under any provision of this Agreement may be effected without prior notice, and you acknowledge and agree that PLP may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access by you to such files or the Website. Further, you agree that PLP shall not be liable to you or any third-party for any termination of the Service or your access to the Website.

  13. Site Content. You acknowledge and agree that the Website and all Content made available thereon is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws.

  14. Representations and Warranties and Disclaimers. PLP has no control over the Listings created by sellers on the Website and PLP makes no representation, warranty, covenant or guarantee regarding any aspect of any such Listings or Content. By way of example, but without limitation, PLP has undertaken no efforts to determine the ability of any seller to sell any of its Listings. YOU UNCONDITIONALLY ACKNOWLEDGE AND AGREE PLP MAKES NO WARRANTIES, REPRESENTATIONS, OR COVENANTS, WHETHER EXPRESS OR IMPLIED, CONCERNING THE WEBSITE, THE SERVICE, CONTENT, LISTINGS OR ANY ASSETS PURCHASED OR CONTEMPLATED FOR PURCHASE BY YOU THROUGH THE WEBSITE. PLP HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS OR COVENANTS WHATSOEVER, WHETHER EXPRESS OR IMPLIED AND WHETHER ARISING BY LAW, IN TORT OR OTHERWISE INCLUDING THOSE IN ANY WAY RELATING TO, ARISING OUT OF, OR CONCERNING: (i) THE CONDITION, SERVICEABILITY, DESCRIPTION, MERCHANTABILITY, QUALITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF SUCH ASSETS, LISTING, CONTENT, WEBSITE OR THE SERVICE; (ii) THE VALUE, CONDITION, OR DESIGN OF SUCH ASSETS, LISTING, CONTENT, WEBSITE OR THE SERVICE; (iii) FREEDOM FROM INFRINGEMENT OF PATENT OR OTHER PROPRIETARY RIGHTS AND FREEDOM FROM CLAIMS OF MISAPPROPRIATION; (iv) COMPLIANCE WITH SPECIFICATIONS, REGULATIONS, RULES, STANDARDS, LEGAL REQUIREMENTS, DURABILITY, PERFORMANCE, OPERATION, REPAIRS OR MAINTENANCE; (v) THE QUALITY OF MATERIALS OR WORKMANSHIP; (vi) THE ABSENCE OF PATENT OR LATENT DEFECTS (WHETHER DISCOVERABLE OR NOT) IN SUCH ASSETS, LISTINGS, CONTENT, WEBSITE OR THE SERVICE; (vii) THE COMPLETENESS, CORRECTNESS, OR CONDITION OF LISTINGS, (viii) THE WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS, (ix) THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (x) THE RESULTS, CONTENT OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR (xi) ANY OTHER MATTER WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE SUCH ASSETS, LISTINGS, CONTENT, WEBSITE OR THE SERVICE, INCLUDING, WITHOUT LIMITATION, WARRANTIES, REPRESENTATIONS OR COVENANTS ARISING OUT OF CUSTOMARY TRADE USAGE OR PRIOR COURSE OF DEALING AND WHETHER ARISING IN CONTRACT OR TORT, AND WHETHER ARISING BY REFERENCE TO NEGLIGENCE OR STRICT LIABILITY OF PLP.

  15. Indemnity. You expressly agree that your use of the Website and Content is at your sole risk. You agree to defend, indemnify and hold harmless PLP, and its subsidiaries, affiliates, directors, officers, agents, third party contractors and employees, from all loss, harm, damages, costs, expenses and liabilities, and any claim or demand or any kind, including reasonable attorney's fees due to or arising out of (i) Content you receive, submit, post to or transmit on or through the Website, (ii) your use of the Website or Service, (iii) your violation of this Agreement, (iv) your failure to live up to your obligations set forth in a formal written agreement between you and a seller regarding a Listing, (v) your violation of any rights of another person, or (vi) due to or arising from such activities carried out by a person using your account or password, with your knowledge.

  16. Limitation of Liability. YOU HEREBY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL PLP OR ANY OF ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE TO YOU IN CONTRACT, IN TORT OR UNDER ANY OTHER LEGAL THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR SIMILAR DAMAGES ARISING OUT OF YOUR USE OF OR YOUR INABILITY TO USE THE WEBSITE OR THE SERVICE, WHETHER OR NOT PLP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You further acknowledge and agree that the provisions of this Section 16 shall also apply to all your use of the Content on the Website or the Service. In the event applicable law does not allow for the limitation or exclusion of liability for incidental or consequential damages, you hereby agree that in no event shall PLP’s total liability to you exceed the amount paid by you to PLP for accessing and/or using the Website.

  17. Choice of Law. This Agreement shall be governed by the laws of the state of Oklahoma, without giving effect to any principles of conflicts of laws. You agree to submit to the exclusive jurisdiction over all disputes hereunder under an appropriate state or federal court located in Tulsa County, state of Oklahoma. The failure of PLP to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement shall remain in force and effect. You agree that regardless of any statue or law to the contrary, any claim or cause of action you may have arising out of or related to your use of the Website, Service or this Agreement must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

  18. Modifications to Service. PLP reserves the right at any time, with or without notice, to modify, discontinue (permanently or temporarily) the Website and the Service provided by PLP hereunder. In the event of modification or discontinuance, any information provided by you may be lost. You agree to keep a permanent record of all information provided by you to PLP and you agree that all information submitted to PLP is at your own risk. You agree that PLP has no responsibility for the deletion or failure to store information maintained at or transmitted to the Website, including without limitation messages and other communications. You agree that PLP shall not be responsible to you for an interruption or modification of the Website or the Service.

  19. Intellectual Property Rights. 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) belong to PLP in the U.S. and/or other countries. PLP’s trademarks and trade dress may not be used, including as part of trademarks or as part of domain names or email addresses, in connection with any product or service without specific written permission and may not be used in any manner that is likely to cause confusion.

    Sellers, third-party providers and other entities have trademarks that may be used in the course of PLP’s business and may appear on the Website. These trademarks are the property of their respective owners.

  20. Reproduction or Re-Use. You will not sell, resell, rent, loan or similarly distribute any Listing, Content, any portion of the Website or any Service or services provided or accessed at the Website. You will not modify, reproduce, copy, distribute or create derivative works of or based on any Listing, Content, any portion of the Website or any Service or services provided or accessed at the Website except for the express purpose of learning about Listings, evaluating the Listings, conducting due diligence activities relating to the Listings and contacting the authorized seller of such Listings. You agree not to use the Content, Website, Service and Listings except for the express purpose of learning about Listings, evaluating the Listings, conducting due diligence activities relating to the Listings and contacting the authorized seller of such Listings. You will not take any action that undermines the security or integrity of the Website or Service or services provided or accessed at the Website.

  21. Access. You agree not to access the Service by any means other than through the interface that is provided by PLP for use in accessing the same.

  22. Modification of Agreement. PLP reserves the right to modify the terms of this Agreement. Any such modifications will be effective upon your continued use of the Website after such modifications are implemented. PLP, at its option may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to you generally on the Website. While PLP may give you notices from time to time, it is not obligated to do so.

  23. Privacy Policy. Your personal information is subject to our Privacy Policy. For more information, please see our full privacy policy by clicking here. PLP does not guarantee that its security procedures will prevent loss, alteration or improper access to data or other content that is part of the Website.

  24. Links. The Website may provide, or third parties may provide, links to other World Wide Web sites or resources. PLP has no control over such sites and resources, and you acknowledge and agree that PLP is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that PLP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

  25. Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

  26. Entire Agreement. Your access to and use of the Website and the Service are subject to this Agreement, the Terms of Service and the Privacy Policy, and all applicable laws and regulations. In the event that there is any conflict between this Agreement, the Terms of Service or the Privacy Policy, the terms of this Agreement shall control.

Have questions about the Buyer User Agreement? Call us at 918.938.0929