PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE T. BOONE PICKENS WEB SITE YOU ARE DEEMED TO HAVE AGREED TO THESE TERMS OF USE.

This web site, www.boonepickens.com (the “Site”) is owned and operated by T. Boone Pickens and BP Capital (collectively “we,” “us,” or “our”). Your use and access of the Site is expressly conditioned on your acceptance of the following terms and conditions. If you do not or can not agree with any part of these terms and conditions, you may not use or access the Site.

1. USE OF THE SITE

You may only use the Site for your own informational purposes. Further, without our express written permission, you may not create any link to any Content (as defined below) on the Site, except a link to “https://boonepickens.com”. User access to and use of this Site is subject to all applicable international, federal, state, and local laws and regulations.

2. CONTENT RIGHTS AND OWNERSHIP

All information, data, text, software, music, sound, photographs, illustrations, artwork, cartoons, graphics, video, messages, trademarks, service marks, logos, names, or other material (“Content”) presented to you on the Site are owned by us and various third parties and are protected by copyright, trademark, rights of privacy, publicity or other proprietary rights, and other laws. ALL RIGHTS ARE RESERVED. In addition to our rights and third parties’ rights in individual elements of the Content, we own a copyright in the selection and arrangement of such Content. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Content without written permission by us or such other party that may own the Content. Unless you obtain prior written approval from us and all other entities with an interest in the relevant intellectual property, you may not upload, post, transmit, publish, reproduce, publish, broadcast, copy, create derivative works of, modify, disguise the origin of, sub-license, assign, or otherwise transfer or distribute any Content.

3. SECURITIES AND INVESTMENTS

The information set forth on this website or its links does not constitute an offer, solicitation, or recommendation to sell or an offer to buy any securities, investment products, or investment advisory services. Such an offer may only be made to qualified investors by means of delivery of a confidential private placement memorandum or other similar materials that contain a description of material terms relating to such investment. Nothing contained in this website constitutes financial, legal, tax, or other advice. Reproduction and distribution of these materials may constitute a violation of federal or state securities laws.

4. AMENDMENT

We may amend these terms of use at any time by posting the amended terms on the Site. All amended terms will automatically be effective upon posting on the Site. If you do not or cannot agree to the amended terms, your only option is to cease all access and use of the Site.

5. LINKS WITHIN SITE

The Site may contain links to other World Wide Web sites or resources that are not under our control. You acknowledge and agree that we are not responsible for the availability of such external sites or resources and, unless we expressly state otherwise, we do not endorse and are not responsible or liable for any content, privacy policies, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we will 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.

6. MODIFICATION OF SITE

We reserve the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof), with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

7. INDEMNITY

You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees, harmless from any claim or demand, including without limitation, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of these terms of use, or your violation of any rights of another.

8. DISCLAIMER OF WARRANTIES

YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT (1) THE SITE WILL MEET YOUR REQUIREMENTS, (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (4) ANY ERRORS IN THE SITE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

WE MAKE NO REPRESENTATION THAT THE INFORMATION AND OPINIONS EXPRESSED HEREIN ARE ACCURATE, COMPLETE, OR CURRENT.

9. LIMITATIONS OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE SITE; (2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (3) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (4) ANY OTHER MATTER RELATING TO THE SITE.

10. NOTICE

Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to the terms of use or other matters by displaying notices or links to notices to you generally on the Site.

11. GENERAL INFORMATION

These terms of use constitute the entire agreement between you and us and governs your use of the Site, superceding any prior agreements between you and us with respect to the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. Our failure to exercise or enforce any right or provision will not constitute a waiver of such right or provision. If any provision 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 remain in full force and effect.

THE AGREEMENT AND THE RELATIONSHIP BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. YOU AND WE AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE COURTS LOCATED WITHIN THE COUNTY OF DALLAS, TEXAS. WE MAKE NO REPRESENTATION THAT THE CONTENT IN THIS WEB SITE IS APPROPRIATE FOR ACCESS OUTSIDE OF THE UNITED STATES OF AMERICA. IF YOU CHOOSE TO ACCESS THIS WEB SITE FROM OUTSIDE THE UNITED STATES , YOU DO SO ON YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.