Terms of Use

Thank you for visiting the website of OFS Energy Fund and its affiliates (together, “OFS Energy Fund”, “we” or “us”). By accessing this website (the “Site”) and its contents (collectively, the “Content), you acknowledge and agree to accept the following Terms of Use pertaining to the use of the Site, which constitute a legal agreement between you and OFS Energy Fund.

 

By visiting the Site, you agree to these Terms of Use and our Privacy Policy, which may be updated by us at any time. If we update our Terms of Use, we will post the updated Terms of Use here. Any such changes will be effective upon posting. You should consult the “Terms of Use” bar on this Site each time you visit the Site. If you do not agree with it, you should not use the Site.

 

If you have any questions or comments about these Terms of Use, please contact us via email at JMay@ofsfund.com  or write to use at OFS Energy Fund, 9722 Gaston Rd, Suite #150-310, Katy, TX, 77494. 

 

1.     Uses of Our Site and Content

 

All content and information, and all trademarks, logos, copyrights and other intellectual property displayed on the Site is owned by, controlled or licensed to OFS Energy Fund and/or their respective owners. We have listed below the permitted use of our Content.

 

OFS Energy Fund grants you a limited, revocable, nonexclusive and nontransferable right to view, store, bookmark, download, copy and print pages from the Site solely for your personal and noncommercial use only. You may not use any trademark, service mark or logo of OFS Energy Fund or any third party that appears on the Site without prior written consent.

 

Unless you receive our permission in advance, you may not exploit any of the Content commercially, forward it as a mass distribution, post it on another site, or otherwise copy, distribute or modify any portion of the Site. If you download any pages from the Site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such Content. You may not alter or modify the Content in your copies.

 

If you link other websites to this Site, you may not imply or suggest that OFS Energy Fund has endorsed or is affiliated with such websites and you may not display this Site as “framed” within another website.

 

You may not (and may not encourage or assist others to: violate any law, regulation, rule or the intellectual property or contractual rights of others, or attempt to violate the security of this Site or use or gain access to the identities, information or computers of others through this Site.

 

You may not delete, decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of this Site.

 

You may not transmit any virus, worm, time bomb or similar system interference or corruptant through this Site.

 

OFS Energy Fund has the right (but not the obligation) to monitor this Site for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you.

 

2.     Investment Disclaimers

 

This Site is for general informational purposes only. Under no circumstances should any information or materials presented on the Site be used or construed as an offer to sell, or a solicitation of an offer to buy, any securities, financial instruments, investments or other services. Dated content speaks only as of the date indicated.

 

This Site does not provide specific investing advice or strategies to any individual. The investments and strategies discussed in the Content may not be suitable for all investors and are not obligations of or guaranteed by OFS Energy Fund or any of its affiliates. Nothing contained on the Site constitutes investment, legal, tax or other advice nor is to be relied on in making an investment or other decision. Decisions based on the Content are the sole responsibility of the user. If you would like investment, accounting, tax or legal advice, you should consult with your own financial advisors, accountants or attorneys regarding your individual circumstances and needs. OFS Energy Fund will not treat users of the Site as its partners, clients, customers or investors by virtue of their accessing the Site.

 

The Site may contain forward-looking statements, which reflect our current views with respect to, among other things, the operations and performance of our businesses. You can identify these forward-looking statements by the use of words such as “outlook,” “believe,” “expect,” “potential,” “continue,” “may,” “should,” “seek,” “approximately,” “predict,” “intend,” “will,” “plan,” “estimate,” “anticipate” or the negative version of these words or other comparable words. Forward-looking statements are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. We undertake no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.

 

Any transactions described on the Site as having been engaged in by OFS Energy Fund are included as representative transactions for illustrative purposes only, and may not be representative of all transactions engaged in by OFS Energy Fund.

 

3.     International Use

 

The Site is operated and controlled by us in the United States, and the Content provided in or accessible through the Site is, unless otherwise specified, directed at residents of the United States. Despite the global nature of the Internet, OFS Energy Fund makes no claims that the Content or the Site are appropriate or may be viewed or used outside the United States. Access to the Site from countries or territories where such access is illegal is prohibited. OFS Energy Fund makes no representations that the transactions, products or services discussed on or accessible through the Site are available or appropriate for sale or use in all jurisdictions or by all users. Those who access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules and regulations.

 

4.     Linked Sites

 

OFS Energy Fund does not review or monitor any websites linked from or to the Site and is not responsible for the content of any such websites, or any products or services contained on or accessible through such other websites, their terms of use or privacy policies. You are advised to review the terms of use and privacy policies of any website that you visit. OFS Energy Fund disclaims responsibility for the privacy policies and customer information practices of third-party internet websites linked from the Site.

 

5.     Transmission to and from the Site

 

Unless you are an investor using the “LP Login” section of the Site, and subject to any applicable term and conditions set forth in our Privacy Policy, any communication or content that you send to the Site is and will be deemed to be non-confidential as between you and us, and OFS Energy Fund will be free to use, modify, reproduce and distribute it for any purpose without compensation to you.

 

6.     Password and Security Notification

 

Certain areas of the Site are password-protected. You may not attempt to access any password-protected areas of the Site without authorization. If you have been issued a password for the Site, you agree that OFS Energy Fund has granted you limited access to specific files pertaining t

 

You are solely responsible for maintaining the confidentiality of your passwords, account information, user names, and/or security questions and answers for the Site, and for logging off any protected areas of the Site when you finish a session. Accordingly, you should protect the confidentiality of your password, and notify OFS Energy Fund immediately if you become aware of its unauthorized use. If you share your password with a third party, you assume all responsibility for all such party’s activity related to the Site.

 

7.     Governing Law and Forum

 

The laws of the State of Texas govern these Terms of Use. Any dispute relating to these Terms of Use or your use of the Site shall be resolved solely in the state or federal courts located in Texas. You agree to waive trial by jury in any such action.

 

8.     Limitation of Liability and Disclaimers

 

IN NO EVENT SHALL OFS ENERGY FUND OR ITS RELATED PERSONS (AS DEFINED BELOW) BE LIABLE TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (“DAMAGES”) ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE (OR INABILITY TO USE) OR DISTRIBUTION OF THE SITE, INCLUDING DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION, OR ANY CONTENT OBTAINED THROUGH USE OF THE SITE. THIS IS TRUE EVEN IF SCF PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

 

OFS Energy Fund, its affiliates and their respective officers, directors, managers, partners, members, shareholders, employees, affiliates and agents (collectively “Related Persons”) make no representations or warranties and specifically disclaim any and all warranties of any kind, express or implied, with respect to the Site, including any representations or warranties with respect to merchantability, fitness for a particular purpose, title, non-infringement, availability, security, accuracy, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing or speed of delivery.

 

While we use reasonable efforts to obtain information from reliable sources, OFS Energy Fund does not warrant that the information in this Site is accurate, reliable, complete, or correct, that this Site will be available at any particular time or location. Such information or materials are provided “as is” and “as available”. Please be aware that there is no such thing as “perfect security” on the Internet, and third parties may unlawfully intercept or access transmissions or private communications, and accordingly electronic mail and other transmissions to and from the Site or made via the Site may not be secure.