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MGOrg ® WEB SITE USER AGREEMENT AND TERMS OF USE


Copyright © MGOrg - MarcellusGas.Org - 2010, All Rights Reserved.

Welcome to MGOrg's (hereinafter "MarcellusGas.Org") online website (“Site”). Any person or entity who wishes to access the Site or to use the services provided on the Site (collectively, the “Services”) must accept the terms and conditions of this User Agreement (“Agreement”), without change. PLEASE REVIEW THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE OR SERVICES. BY REGISTERING FOR OR USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES BY REFERENCE. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our Site or Services.

MarcellusGas.Org reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. You can review the most current version of this Agreement at any time at www.MarcellusGas.Org/terms_of_use.php YOUR CONTINUED USE OF THIS SITE OR THE SERVICES FOLLOWING MarcellusGas.Org'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.

Eligibility. Use of the Site and the Services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not use the Services. Every person who uses the Services hereby represents to MarcellusGas.Org that he or she is not a minor, is at least over the age of eighteen (18) and may otherwise enter into and form binding contracts under applicable law. To register for access to certain portions of the Site or Services, you must provide your real name, address, phone number and e-mail address, along with other information that may be required from time to time. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

Membership Information. Membership status at MarcellusGas.Org is limited to one individual. Only that one individual may access the Site using the email address and password for said individual's Membership account. By becoming a Member at MarcellusGas.Org, you agree that you will not allow another person to use your sign-in email address password, and that you will not attempt to obtain or use more than one Membership account. MarcellusGas.Org memberships are not transferable and are not for sale to another person. MarcellusGas.Org, in its sole discretion, may terminate any Membership account immediately, without notice, when it has reason to believe that more than one individual has accessed the site using a single Membership account.

As a Member, you agree to notify us immediately of any unauthorized use of your e-mail address or password or any other breach of security regarding the Site of which you are aware. You may terminate your membership by following the “Cancel Membership” link at the Your Account Information page, or by contacting support with a specific request to do so. Your request to terminate will become effective within 30 days after receipt of your specific request has been acknowledged by MarcellusGas.Org. All provisions of this Agreement relating to payments, service fees, disclaimers, limitations of liability, indemnification, and proprietary rights shall survive termination.

Fees and Services. Accessing certain information and certain services on the site is free. We do charge a fee for reviewing information and for downloading certain electronic documents, and you have an opportunity to review and accept the fees that you will be charged. MarcellusGas.Org maintains a no-refund policy for subscriptions and electronic documents purchased. As is more fully set forth in this Agreement, MarcellusGas.Org, shall have no liability for any information or electronic document errors, a failure for any reason to provide a subscription or electronic document. In MarcellusGas.Org’s sole discretion and as your sole remedy, MarcellusGas.Org may issue a credit for any subscription error or electronic document error, however, the credit shall not exceed the cost of the subscription or electronic document price.

Purchase transactions handled by PayPal are subject to PayPal terms, conditions and policies.

We may change our fees and credits policy and the fees for our Services from time to time. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our Service and the Site and all applicable taxes.

Content and Liability Disclaimer. The information at this Site may contain bugs, viruses, errors, problems or other limitations. MarcellusGas.Org assumes no liability and shall not be responsible for any errors or omissions with respect to the functioning of, or the content at, this Site and reserves the right to make changes to this Site at any time without notice. moreover, MarcellusGas.Org does not warrant the accuracy, currency, reliability or completeness of any information, text, graphics, links, or other items contained at this Site. Accordingly, all content at this Site is provided "as is" and without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. MarcellusGas.Org disclaims all responsibility or liability for any damages caused by viruses contained within the electronic files at the Site. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. In no event shall the company be liable for any damages whatsoever, and in particular the company shall not be liable for special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of, or related to, this Site or any other Site of MarcellusGas.Org or the information contained therein, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise. Html links found here may lead to other Sites not under our control. MarcellusGas.Org bears no responsibility for contents of any linked site or any link contained in a linked site, or any changes or updates to them. MarcellusGas.Org provides these links only as a convenience. MarcellusGas.Org does not necessarily endorse the sites.

You may establish a hypertext link to this Site so long as the link does not state or imply any sponsorship of your site by websites maintained by MarcellusGas.Org. However, you may not, without the prior written permission of MarcellusGas.Org, frame any of the content of the Site, or incorporate into another website or other service any material, content or intellectual property belonging to MarcellusGas.Org.

Third Party Information. We do not control the information provided by other users that is made available through our system. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe commercial practices when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks. MarcellusGas.Org is not responsible for the acts or omissions of users or third parties on the Site and in no event shall MarcellusGas.Org be liable for any special, dental, indirect or consequential damages of any kind, or any damages whatsoever, uding, without limitation, those resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the information.

By using this Site, you agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.

MarcellusGas.Org Reservation of Rights. MarcellusGas.Org retains the right, but does not have the obligation, to immediately remove any product inaccuracies, inappropriately categorized items, or technical problems on the Site.

Compliance with Laws; Fraud. The Site and Services may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Site and Services. You may not register under a false name. You may not impersonate any participant, or use another participant's password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement.

Breach. Without limiting other remedies, MarcellusGas.Org may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide access to or through our Site or our Services to you: (a) if you breach this Agreement or the documents it rporates by reference; (b) if MarcellusGas.Org suspects that you (by conviction, settlement, insurance or investigation, or otherwise) have engaged or are engaged in fraudulent activity in connection with the Site; or (c) if MarcellusGas.Org believes that your actions may cause legal liability for you, other MarcellusGas.Org users or MarcellusGas.Org.

Privacy, Monitoring and Disclosure. MarcellusGas.Org is committed to protecting your privacy. Click here for our general Privacy Policy, which is by reference into, and made part of, this Agreement. MarcellusGas.Org may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes. Except as authorized herein and unless otherwise authorized or consented, you agree not to use any information regarding other participants which is accessible from the Site or disclosed to you by MarcellusGas.Org for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, illegal activity, otherwise objectionable conduct or otherwise inconsistent with our privacy policy.

Investigation. As permitted by applicable law and consistent with our privacy policy, MarcellusGas.Org has the right, but not the obligation, to monitor any activity and content associated with this Site. MarcellusGas.Org may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of services, denying access and/or removal of any materials on the Site. MarcellusGas.Org reserves the right and has absolute discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable in MarcellusGas.Org’s sole discretion.

Disclosure of Information. As permitted by applicable law, MarcellusGas.Org also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect MarcellusGas.Org's systems and users, to allow users to resolve disputes, or to ensure the integrity and operation of MarcellusGas.Org's business and systems or other purposes deemed reasonable by MarcellusGas.Org, MarcellusGas.Org may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.

No Warranties. THE SITE AND THE SERVICES AND INFORMATION ARE PROVIDED ON AN "AS IS" BASIS. USERS’ USE OF AND RELIANCE THEREON ARE AT USERS’ OWN AND SOLE RISK. MarcellusGas.Org MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;

THE CREATOR OF THIS SITE, ITS AFFILIATES, AND ISP(S) ARE NOT RESPONSIBLE FOR THE MISUSE OF COPYRIGHTED MATERIAL BY THE USERS OF THIS SITE;

THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR;

THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS UDED ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF OFFER, LAWFUL TO SELL, OR THAT WILL PERFORM AS PROMISED;

ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND

ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF MarcellusGas.Org.

TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MarcellusGas.Org DISCLAIMS ANY AND ALL SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM MarcellusGas.Org OR THROUGH THE USE OF SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

MarcellusGas.Org ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE INFORMATION, RECOMMENDATIONS, DESCRIPTIONS, SAFETY NOTATIONS, DRAWINGS OR OTHER DOCUMENTS WHICH ARE CONTAINED IN, REFERENCED BY OR LINKED TO THIS SITE, UDING, WITHOUT LIMITATION, THAT SUCH INFORMATION IS ALL INCLUSIVE, OR COVERS ANY OR ALL APPLICATIONS OR CONTINGENCIES WITH RESPECT TO ITS USE.

Limitation of Liability. MarcellusGas.Org WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND UDING WITHOUT LIMITATION DIRECT, INDIRECT, DENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OR SITE WHETHER SUCH DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INFRINGEMENT OR OTHERWISE.

Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD MarcellusGas.Org AND OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR BREACH OF THIS AGREEMENT, INCLUDING THE DOCUMENTS OR DRAWINGS BY REFERENCE; (B) YOUR VIOLATION OF ANY STATE, FEDERAL, FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (C) YOUR VIOLATION OF ANY THIRD PARTY'S RIGHTS, UDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.

Governing Law and Jurisdiction. This Site (excluding linked sites) is controlled by MarcellusGas.Org from its offices within the Commonwealth of Pennsylvania, United States of America. By accessing this Site, you and MarcellusGas.Org agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the Commonwealth of Pennsylvania, without regard to the conflicts of law prples thereof. MarcellusGas.Org makes no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so of their own initiative and are responsible for compliance with local laws.

Arbitration. YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR SERVICES SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN MONTROSE, PENNSYLVANIA, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR MarcellusGas.Org MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN MONTROSE, PENNSYLVANIA, IF NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR MarcellusGas.Org PENDING THE COMPLETION OF ARBITRATION AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.

Licenses. MarcellusGas.Org.com grants a limited license to each participant to make personal use only of the Site and the Services in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services (other than the in accordance with this Agreement), making any derivative of the Site or the Services, the collection and use of participant e-mail addresses or other participant information, listings, or any data extraction or data mining whatsoever.

Termination. MarcellusGas.Org, in its sole discretion, may terminate or modify this Agreement, access to the Site or the Services, or any current transaction immediately without notice for any reason.

Entire Agreement. This Agreement and the general terms, and conditions set forth on the Site constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.

No Agency; Third-Party Beneficiary. MarcellusGas.Org is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of MarcellusGas.Org and you.

Severability. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

No Waiver. MarcellusGas.Org's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of MarcellusGas.Org's right to subsequently enforce such provision or any other provisions of this Agreement.

Errors.This Site could include technical or other inaccuracies or typographical errors. Changes are periodically added to the information herein; these changes will be in new editions of the Site. MarcellusGas.Org may make improvements and/or changes in the Services described in the Site at any time.

The Site can be accessed from other countries around the world and may contain references to MarcellusGas.Org Services that have not been announced in your country. These references do not imply that MarcellusGas.Org intends to announce such Services in your country.

Except as specifically permitted herein, no portion of the information on the Site may be reproduced in any form or by any means without the prior written permission from MarcellusGas.Org.

Use of Site Information. Except as otherwise indicated elsewhere on this Site, you may view, copy, print, and distribute information available on this Site subject to the following conditions:

1. The information may be used solely for personal, informational, non-commercial purposes; 2.The information may not be modified or altered in any way; 3. Any copy of the information or any portion thereof must include the copyright notice above and this permission notice; and 4. MarcellusGas.Org reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon written notice from MarcellusGas.Org.

Information specified above does not include the design or layout of the Site. Elements of the Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Feedback. Please note that, with the exception of credit card numbers, MarcellusGas.Org does not want to receive confidential or proprietary information from you through the Site. Any non-personal information or material sent to MarcellusGas.Org will be deemed NOT to be confidential. By sending MarcellusGas.Org any non-personal information or material, you grant MarcellusGas.Org an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that MarcellusGas.Org is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first notify you that the materials or other information you submit to a particular part of a site will be published or otherwise used with your name on it; or (c) we are required to do so by law.

Links to Third-Party Web Sites. The MarcellusGas.Org Site contains links to third-party web sites, which are not under the control of MarcellusGas.Org. MarcellusGas.Org makes no representations whatsoever about any other web site to which you may have access through the MarcellusGas.Org Site. When you access a non-MarcellusGas.Org web site, you do so at your own risk and MarcellusGas.Org is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. MarcellusGas.Org provides these links merely as a convenience and the usion of such links does not imply that MarcellusGas.Org endorses or accepts any responsibility for the content or uses of such web sites.

Trademark Information. Domestic and International copyright and trademark laws protect the entire contents of the Site. The owners of the intellectual property, copyrights, trademarks, logos and service marks ("Marks") displayed on this Site are the property of MarcellusGas.Org or other third parties. YOU MAY NOT COPY, REPRODUCE, REPUBLISH, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You are not permitted to use the Marks without the prior written consent of MarcellusGas.Org or such third party which may own the Marks. "MarcellusGas.Org" is a registered trademark of MarcellusGas.Org
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