DISCLAIMER OF WARRANTIES
Peeker-Energy Corporation is committed to honoring the privacy and security of visitors to Web sites owned and operated by Peeker-Energy or its affiliates. We collect information to process your transactions and to help us provide a better level of service. We do not sell your information to anyone. We strive to protect the security and confidentiality of the information we collect. We urge you to read the following sections.
1. PEEKER-ENERGY PROVIDES THE INFORMATION ON PEEKER-ENERGY WEB SITES ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, PEEKER-ENERGY SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE CONTENT OF THE WEB SITE; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES OCCURRING AS A RESULT OF: (1) ANY ERROR, OMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF RECORD, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR ANY OTHER CAUSE OF ACTION. PEEKER-ENERGY DOES NOT WARRANT OR GUARANTEE: (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION OF LIABILITY
1. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PEEKER-ENERGY BE LIABLE TO ANY PARTY FOR: (i) ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS PROFITS, LOSS OF PROGRAMS OR LOSS OF INFORMATION), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE MATERIALS IN THIS WEB SITE OR ANY OTHER PEEKER-ENERGY WEB SITE, EVEN IF PEEKER-ENERGY OR A PEEKER-ENERGY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. IN NO EVENT SHALL PEEKER-ENERGY' TOTAL LIABILITY TO YOU HEREIN, FOR ANY CLAIM OR ACTION ARISING FROM USE OF THE WEB SITE (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PEEKER-ENERGY' LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
1. By accessing or visiting our Web sites, you expressly agree that the laws of the State of Nevada, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Web Site may be subject to other local, state, national and international laws. You expressly agree that exclusive jurisdiction for any claim, dispute or cause of action with Peeker-Energy, or relating in any way to your use of the Web Site, resides in the courts of the State of Nevada, with venue residing solely in the United States District Court for the Southern District of the State of Nevada. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Nevada in connection with any such dispute and including any claim involving Peeker-Energy or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
2. By accessing or visiting our Web sites, you expressly waive any and all rights, including those related to privacy, to the extent such rights are different and/or in conflict with those rights protected by federal or Nevada laws. We control and operate this Web Site from our offices in the state of Nevada in the United States of America. We do not represent that materials on the Web Site are appropriate or available for use in other locations. Persons who choose to access this Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
3. Except as specifically noted above, no right or license is granted to you under any copyright, patent, trademark or other intellectual property law to use, copy, reproduce, retransmit, display or create derivative works from materials, logos and content contained within this Web Site.
1. Various pages on this Web site contain certain forward-looking statements within the meaning of Section 27A of the Securities Act of 1993, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, which are intended to be covered by the safe harbors created thereby. Words such as "expects"; "intends"; "plans"; "projects"; "believes"; "estimates" and similar expressions are used to identify such forward-looking statements. In addition, certain presentations available for viewing were created as of the dates indicated on such presentations and Peeker-Energy expressly disclaims any responsibility for updating such presentations.
2. Forward-looking statements relating to Peeker-Energy' operations are based on management's expectations, estimates and projections about Peeker-Energy and the petroleum industry in effect on the date the statements were made. These statements are not guarantees of future performance and involve certain risks, uncertainties and assumptions that are difficult to predict. Further, certain forward-looking statements are based upon assumptions as to future events that may not prove to be accurate. Therefore, actual outcomes and results may differ materially from what is expressed or forecast in such forward-looking statements.
PERSONALLY IDENTIFIABLE INFORMATION
1. When you submit a request or electronically pass information to Peeker-Energy (including, but not limited to, completing retail employment applications and credit card applications), you are sometimes asked to provide certain information, including, but not limited to, your name, address, date of birth and e-mail address. In the Retail Employment Application and on the various "contacts" pages, we ask for this personally identifiable information in order to facilitate your requests, provide personalized service and communicate separately with you. We do not sell, trade or rent your personally identifiable information with any third parties outside of Peeker-Energy. However, we may provide your personally identifiable information to a third party that provides services to Peeker-Energy, its affiliates, or subsidiaries.
2. Because we rely on third party commercial software and programs to operate our servers, we may inadvertently collect personal information due to certain automatic functions or features contained in such software or due to certain software changes or upgrades. We will use reasonable efforts to remove any such information after we discover such information in our system.