Terms of Use and Privacy Policy

Please read the following Terms and Conditions of Use (“TOU”) before using this Site. By using this Site, you agree to follow and be bound by the TOU. Powhatan may periodically modify these TOU. We suggest that you periodically check these TOU for modifications. If you do not agree to these TOU, you are not authorized to use this Site.

Site Ownership and Monitoring of Use

This Site is owned and operated by Powhatan Energy Fund LLC (“Powhatan.) Powhatan may modify, suspend, discontinue, or restrict the use and availability of any portion of this website (“Site”) at any time, without notice or liability. Any such modifications will be effective immediately upon posting to the Site Your use of this Site may be monitored by Powhatan.

Content Contains Legal Advice Limited to Powhatan

The content of the affidavits, videos and other information posted to the Site may contain legal observations, opinions and/or conclusions prepared by attorneys and/or experts.  The legal observations, opinions and/or conclusions contained therein are being provided solely to Powhatan in response to the specific facts and circumstances surrounding the Federal Regulatory Energy Commission’s (the “FERC”) investigation. The information provided therein should not be construed as legal advice or the formation of a lawyer/client relationship or an expert/client relationship between you and those individuals or firms. You are encouraged to seek independent counsel for advice regarding your individual legal issues.

Limited License and Use Restrictions

Powhatan grants you a limited, revocable, nonexclusive, nontransferable license to view, store, bookmark, download, and print the pages within this Site solely for your personal, informational, and noncommercial use, or as expressly authorized by Powhatan in writing. Powhatan reserves all rights not expressly granted in these Terms and Conditions of Use (“TOU”). Except as otherwise stated in these TOU or as expressly authorized by Powhatan in writing, you are not permitted to:

  • Modify, copy, screen capture, distribute, forward, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell, or exploit any videos, affidavits, reports, data, information, content or other materials on or obtained from this Site, whether through links or otherwise (collectively, “Materials”);
  • Redeliver any page, text, image, or Materials on this Site using “framing” or other technology; or
  • Include the term “Powhatan” or the name and/or names of any Powhatan member, or any variation thereof, as a meta-tag, hidden textual element, or any other indicator that creates an impression of affiliation, sponsorship, or endorsement by Powhatan.

Permission to Link to Site

You may not link to this Site unless you comply with these TOU. Powhatan grants you a limited, revocable, nonexclusive right to create a hyperlink to this Site (“Link”), provided you comply at all times with the following requirements:

  • The Link must send a user to Powhatan’s FERC litigation page, unaltered in any way; and
  • The Link and surrounding context on the linking site must not: (a) falsely represent or misrepresent any relationship between the linking site and Powhatan, including suggestions of affiliation, endorsement, or sponsorship; (b) portray Powhatan, its members or its agents in a false, misleading, derogatory, or otherwise offensive manner; or (c) deliver the Materials in a framed environment or alter the layout, content or look of the Site.

If you have created a Link that conforms to these TOU, then you also may include one or more Links to any internal or subsidiary page of this Site that is located one or several levels down from the homepages; provided, however, that all such links must be in close physical proximity to the Link that conforms to the TOU.

Videos

Powhatan grants you a limited, revocable, nonexclusive right to view, bookmark, access, download, display, create hyperlinks to and use the videos on the Site  (the “Videos”) offered by Powhatan solely for your personal, informational and noncommercial use or as otherwise authorized by Powhatan in writing, provided you comply at all times with the following requirements:

  • Except as otherwise stated in these TOU, you may not modify, copy, redistribute, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell or exploit in any manner whatsoever the Videos or the affidavits, reports, data, information, content, or other materials supplied by Powhatan in connection therewith;
  • You may create a hyperlink to Powhatan’s Videos, provided that (a) the hyperlink is functional and resolves directly to the applicable Powhatan website page, unaltered and unframed in any way; and (b) you provide attribution to the Site in connection with your use of the Videos. If you provide this attribution in text, the hyperlink must read  “Powhatan FERC Litigation”;
  • Any hyperlink to Powhatan’s Videos and the surrounding context on your site must not: (a) falsely represent or misrepresent any relationship between Powhatan and you or your site or any third party or their site, including suggestions of affiliation or endorsement; (b) portray Powhatan, its members or its agents in a false, misleading, derogatory or otherwise offensive manner; or (c) display the content of Powhatan’s Videos in a manner that does not permit successful linking to, redirection to or delivery of the applicable Powhatan website page; and
  • You may not incorporate advertising into or targeted towards the content of Powhatan’s Videos or insert any intermediate page, splash page or other content or materials between any hyperlink to Powhatan’s Videos and the applicable Powhatan website page.

Any uses of Powhatan’s Videos not granted herein are strictly prohibited. Powhatan retains ownership of and all other rights in and to the Videos, and any affidavits, reports, data, information, content, links, or other materials used in connection therewith. Powhatan reserves the right, in its sole discretion, with or without cause, and without liability, to suspend, discontinue or modify any or all of its Videos at any time and to immediately require you to cease accessing, displaying, or otherwise using any or all of the Videos or the content of the Videos.

Copyright policy, notice, and claim information

All Materials on this Site, whether separate or compiled, including, but not limited to, affidavits, reports, text, graphics, audio clips, videos, images, digital downloads, html code and xml code, as well as all copyright, patent, trademark, trade dress, and other rights therein, are owned or licensed by Powhatan and its third-party information providers, and are protected by United States and international intellectual property laws.

Termination

The rights granted to you herein terminate immediately upon any violation by you of these TOU. Powhatan, in its sole discretion, reserves the right to temporarily or permanently terminate your access to and use of this Site at any time and for any reason whatsoever, without notice or liability. Powhatan will not be liable to you or any third party for any termination of your access to or use of this Site.

Liability and indemnity

ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE ARE DONE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER EQUIPMENT, OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

NEITHER POWHATAN NOR ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, OR DAMAGES CAUSED BY THEFT, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, OR COMMUNICATIONS LINE FAILURE, OR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, CAUSED BY THE USE OF OR INABILITY TO USE THE SITE OR ANY OTHER MATTER RELATING TO THIS SITE, EVEN IF POWHATAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURSIDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT A JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, THE LIABILITY OF POWHATAN AND ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH JURISDICTIONS.

You agree to indemnify, defend, and hold harmless Powhatan, its members, officers, directors, employees, and agents, from and against all claims, demands, liabilities, damages, losses, or expenses, including attorney’s fees and costs, arising out of or related to your improper access to or use of this Site, or any violation by you of these TOU.

Integration and severability

If any provision of these TOU is deemed unlawful, void, or unenforceable, then that provision will be deemed severable from these TOU and will not affect the validity and enforceability of the remaining provisions. These TOU represent the entire agreement between you and Powhatan relating to the subject matter herein.

Applicable law and venue

The laws of the State of Delaware, United States of America, without regard to principles of conflict of laws, govern these TOU and any dispute that might arise between you and Powhatan. If you take legal action relating to these TOU, you agree to file such action in the appropriate state or federal court located in the State of Delaware and in no other venue, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.

Privacy Policy

We do not share your e-mail address with any third party and we will use it solely to communicate to you regarding updates and news related to this website.

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