Terms & Conditions
1. Site User Agreement
Brigham Exploration Company ("Brigham Exploration Company, we or us") requires that all visitors to this website (the "Site") follow these terms and conditions (the "Agreement"). By entering this Site you acknowledge and agree to the following terms and conditions. This Agreement constitutes the entire agreement between you and Brigham Exploration Company regarding your use of this website and supersedes all previous and contemporaneous oral and written agreements between you and Brigham Exploration Company regarding your use of this Site. Brigham Exploration Company reserves the right to amend these terms and conditions at any time and for any reason and reserves the right to make changes at any time, without notice or obligation, to any of the information contained on this Site. By entering this Site you acknowledge and agree that you shall be bound by any such revisions.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.
2. The information contained in this website is provided solely for convenience and we do not provide any representations or warranties.
The documents and certain other information contained herein are historical in nature. Therefore, events following the date of publication or subsequently available information may have rendered obsolete the estimates, assertions or other information contained on this Site. While Brigham Exploration Company makes all reasonable efforts to ensure that all material on this site is correct, accuracy cannot be guaranteed. Brigham Exploration Company makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of this information, has no obligation to update any information provided to you, and may change the content of the site at any time without notice.
UNDER NO CIRCUMSTANCE WILL BRIGHAM EXPLORATION COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. ALL CONTENT INFORMATION AND MATERIALS CONTAINED IN THIS SITE ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND/OR ACCURACY.
If you are dissatisfied with any portion of this Site, your sole and exclusive remedy is to discontinue using the Site.
3. Forward-Looking Statements
THIS WEBSITE MAY INCLUDE PROJECTIONS AND OTHER "FORWARD-LOOKING STATEMENTS" WITHIN THE MEANING OF THE FEDERAL SECURITIES LAWS. ANY SUCH PROJECTIONS OR STATEMENTS REFLECT BRIGHAM EXPLORATION COMPANY'S CURRENT VIEWS ABOUT FUTURE EVENTS AND FINANCIAL PERFORMANCE. NO ASSURANCES CAN BE GIVEN THAT SUCH EVENTS OR PERFORMANCE WILL OCCUR AS PROJECTED, AND ACTUAL RESULTS MAY DIFFER MATERIALLY FROM THOSE PROJECTED.
Important factors that could cause our actual results to differ materially from those contained in the forward-looking statements include early initial production rates which decline steeply over the early life of wells, particularly our Williston basin horizontal wells for which we estimate the average monthly production rates may decline by approximately 70% in the first twelve months of production, our growth strategies, our ability to successfully and economically explore for and develop oil and gas resources, anticipated trends in our business, our liquidity and ability to finance our exploration and development activities, market conditions in the oil and gas industry, our ability to make and integrate acquisitions, the impact of governmental regulation and other risks more fully described in our filings with the United States Securities and Exchange Commission (the "SEC"). Forward-looking statements are typically identified by use of terms such as "may," "will," "expect," "anticipate," "estimate" and similar words, although some forward-looking statements may be expressed differently. All forward-looking statements contained on this Site, including any forecasts and estimates, are based on management's outlook only as of the date of publication, and we undertake no obligation to update or revise these forward looking statements, whether as a result of subsequent developments or otherwise.
Important factors that could cause our actual results to differ materially from those contained in the forward-looking statements include early initial production rates which decline steeply over the early life of wells, particularly our Williston basin horizontal wells for which we estimate the average monthly production rates may decline by approximately 70% in the first twelve months of production, our growth strategies, our ability to successfully and economically explore for and develop oil and gas resources, anticipated trends in our business, our liquidity and ability to finance our exploration and development activities, market conditions in the oil and gas industry, our ability to make and integrate acquisitions, the impact of governmental regulation and other risks more fully described in our filings with the United States Securities and Exchange Commission (the "SEC"). Forward-looking statements are typically identified by use of terms such as "may," "will," "expect," "anticipate," "estimate" and similar words, although some forward-looking statements may be expressed differently. All forward-looking statements contained on this Site, including any forecasts and estimates, are based on management's outlook only as of the date of publication, and we undertake no obligation to update or revise these forward looking statements, whether as a result of subsequent developments or otherwise.
4. Cautionary Note to U.S. Investors
The SEC permits oil and gas companies, in their filings with the SEC, to disclose only proved reserves that a company has demonstrated by actual production or conclusive formation tests to be economically and legally producible under existing economic and operating conditions. From time to time, we may use certain terms on this website, such as resource potential, reserve potential, probable resources, possible resources, contingent resources, prospective resources and exploration target size. The SEC guidelines strictly prohibit us from including these terms in filings with the SEC. Investors are urged to consider closely the disclosures and risk factors in our SEC filings, available from Brigham Exploration Company's offices or website, http://bexp3d.com. These forms can also be obtained from the SEC by calling 1-800-SEC-0330.
5. Governing Law
This Site is designed for use in the United States and this Agreement shall be governed by the laws of the State of Texas exclusive of any conflicts of law provisions that would apply the law of another jurisdiction. If you use this Site from other locations, you are responsible for compliance with any and all applicable local laws, in addition to the laws of the United States of America and the laws of the State of Texas. Brigham Exploration Company makes no representations that the materials contained within this Site are appropriate for locations outside the United States. Where federal jurisdiction exists, any action or claim arising from your use of this Site shall be brought, and may only be brought, in the United States District Court of the Western District of Texas, Austin Division. Where federal jurisdiction does not exist, any action or claim arising from your use of this Site shall be brought, and may only be brought, in the State District Courts of Travis County, Texas.
6. Intellectual Property
The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Brigham Exploration Company and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the World Wide Web without the written permission of Brigham Exploration Company or such third party, which may own the Marks. All information and content including any software programs available on or through the Site ("Content") are protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. Without in any way waiving any of the foregoing rights, you may download one copy of the material on this Site for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark or other proprietary notices. Modification or use of the material on this Site for any other purposes violates Brigham Exploration Company's legal rights. Any unauthorized use of these materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy, and publicity rights.
7. No Liability and Indemnity
By entering this Site you acknowledge and agree that your use is at your own risk and that none of the parties involved in creating, producing, or delivering this Site are liable for any direct, incidental, consequential, indirect, or punitive damages, or any other losses, costs, or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, through the access to, use of, or browsing of this Site or through your downloading of any materials, data, text, images, video or audio from this Site, including but not limited to anything caused by any viruses, bugs, human action or inaction or any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections. Any person who uses, or makes decisions upon, information contained in this Site or any linked sites thereto, does so at his or her own risk and agrees to hold Brigham Exploration Company and its affiliated officers, directors, employees, agents, and representatives harmless against any claims, losses, damages, expenses, demands and costs (including without limitation, reasonable attorney fees) arising out of or relating to your use of this Site.
8. Confidentiality
By entering this Site you acknowledge and agree that any communication or material you transmit to this Site or Brigham Exploration Company, in any manner and for any reason, will not be treated as confidential or proprietary unless specifically stated otherwise by Brigham Exploration Company on the Site at the point and time of transmission. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to Brigham Exploration Company may be used by Brigham Exploration Company anywhere, anytime, and for any reason whatsoever, without your further permission or consent. This Site is designed for Users twenty-one years of age or older. Brigham Exploration Company does not knowingly solicit data from children, not does it knowingly market the Site to children. If you are under twenty-one years of age, you should obtain consent of a parent or responsible party before accessing this Site.
9. Linked Sites
Although this Site may be linked to other sites, Brigham Exploration Company is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site. By entering this Site you acknowledge and agree that Brigham Exploration Company has not reviewed all the sites linked to this Site and is not responsible for the Content of any off-site pages or any other site linked to this Site. Your linking to any other off-site pages or other sites is at your own risk.
10. Severability
If any term or other provision of this Agreement is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of this Agreement shall nevertheless remain in full force and effect.