TERMS OF USE AGREEMENT

Simon Energy Associates, LLC

By using this Internet web site designed and hosted by Simon Energy Associates, LLC, the User agrees to the following Terms of Use:

1. Ownership of Software. The Software constituting Simon Energy Associates shall remain the sole and exclusive property of Simon Energy Associates, LLC. The data and content within this site shall remain the sole and exclusive property of the party supplying the data to Simon Energy Associates, LLC or Simon Energy Associates, LLC, if such data is provided by Simon Energy Associates, LLC, as the case may be.

2. Disclaimer and Limitation of Liability. SIMON ENERGY ASSOCIATES, LLC MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OF THE DATA CONTAINED IN THIS SITE AND USER RELIES ON SUCH DATA AT ITS SOLE RISK. SIMON ENERGY ASSOCIATES, LLC HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE DATA THEREIN INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SIMON ENERGY ASSOCIATES, LLC BE LIABLE FOR ANY LOSSES, LIABILITIES OR DAMAGES INCURRED BY USER OR ANY THIRD PARTY, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), INCLUDING BUT NOT LIMITED TO DIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL AND INDIRECT DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR THE USE, THE RESULTS OF USE, OR THE INABILITY TO USE THE DATABASES OR THE DATA THEREIN. IN NO EVENT WILL SIMON ENERGY ASSOCIATES, LLC'S LIABILITY TO USER EXCEED THE AMOUNT PAID TO SIMON ENERGY ASSOCIATES, LLC BY USER PURSUANT TO THIS AGREEMENT.

3. Indemnification. User shall indemnify and hold Simon Energy Associates, LLC harmless from and against all losses, damages, costs (including court costs and attorney's fees) and liabilities arising from User's breach of this Agreement.

4. Amendment. This Agreement constitutes the entire agreement between the parties with regard to the use of the data therein and supersedes all prior oral and written communications relating to the subject matter hereof.  Simon Energy Associates, LLC may amend this Agreement at any time by giving User written or electronic notice of such amendment. If User is not willing to accept such amendment, this Agreement will terminate and User shall cease using this Internet web site. User's continued use of Simon Energy Associates after such notice shall constitute acceptance of such amendment.

5. Miscellaneous. Neither party may waive or release any of its rights or interests in this Agreement. Except in writing the failure or delay of either party to assert a right hereunder or to insist upon compliance with any term or condition of this Agreement shall not constitute a waiver of that right or excuse a similar subsequent failure to perform any such term or condition by the other party. The provisions of this Agreement are severable, and in the event that any provision of this Agreement shall be determined to be invalid and unenforceable under any controlling body of law, such determination shall not in any way affect the validity or enforceability of the remaining provisions of this Agreement. The construction, validity, performance and effect of this Agreement shall be governed by the substantive laws of the State of Texas, without regard to principles of conflicts of laws. User shall comply with all applicable export laws and regulations.

User hereby accepts all of the foregoing terms and conditions regarding access to, and use of, the Data therein. If the User is a corporation, partnership or similar entity, the person accepting this Agreement hereby represents and warrants that he or she has the requisite authority to enter into this Agreement on behalf of the named User.  Using the system is evidence of the User’s acceptance of this Agreement