Terms of Use and Cautionary Statements
These Terms of Use and Cautionary Statements (these 鈥淭erms鈥) explain the agreement between you, who uses this website (this 鈥淲ebsite鈥) and agrees to these Terms (鈥測ou鈥 or 鈥測our鈥), and 博鑫娛樂城 Corporation (鈥湶螉蕵烦氢) and its subsidiaries and affiliates (鈥渨e鈥, 鈥渦s鈥, or 鈥渙ur鈥) regarding your use of this Website and activities conducted through this Website. If you have questions regarding these Terms, please reference the How to Contact Us section below.
1. Agreement
By using this Website, you accept these Terms. These Terms apply to the entire Website and all functionality, features and content offered by us through this Website. If you are dissatisfied with these Terms, your sole remedy is to discontinue your use of this Website.
2. Cautionary Statements
The Securities and Exchange Commission (the 鈥淪EC鈥) permits oil and gas companies, in their filings with the SEC, to disclose only proved, probable and possible reserves that a company anticipates as of a given date to be economically and legally producible and deliverable by application of development projects to known accumulations. We use certain terms on this website, such as 鈥淓UR鈥 (estimated ultimate recovery) and total resource potential, that the SEC鈥檚 rules strictly prohibit us from including in filings with the SEC. These measures are by their nature more speculative than estimates of reserves prepared in accordance with SEC definitions and guidelines and accordingly are less certain. We also note that the SEC strictly prohibits us from aggregating proved, probable and possible (鈥3P鈥) reserves in filings with the SEC due to the different levels of certainty associated with each reserve category.
This Website contains certain forward-looking statements within the meaning of Section 21E of the Securities Exchange Act of 1934, as amended, and Section 27A of the Securities Act of 1933, as amended. Statements that do not relate strictly to historical or current facts are forward-looking. Without limiting the generality of the foregoing, forward-looking statements contained on this Website specifically include the expectations of plans, strategies, objectives and growth and anticipated financial and operational performance of 博鑫娛樂城 and its consolidated subsidiaries (collectively, the 鈥淐ompany鈥), including guidance regarding 博鑫娛樂城's strategy to develop its reserves; drilling plans and programs (including the number and type of drilling rigs and the number of frac crews to be utilized by the Company, the projected amount of wells to be turned-in-line and the timing thereof); projected natural gas prices, basis and average differential; the impact of commodity prices on the Company's business; total resource potential; projected production and sales volumes, including liquified natural gas (鈥淟NG鈥) volumes and sales; projected production curtailments, including the volume and duration thereof; projected well costs and unit costs; the Company's ability to successfully implement and execute its operational, organizational, technological and environmental, social and governance (鈥淓SG鈥) initiatives, including the Company's emissions goals, the timing thereof and the Company's ability to achieve the anticipated results of such initiatives; potential acquisitions, asset sales or other strategic transactions, the timing thereof and the Company's ability to achieve the intended operational, financial and strategic benefits from any such transactions or from any recently completed strategic transactions; the amount and timing of any redemptions, repayments or repurchases of 博鑫娛樂城's common stock, the Company's outstanding debt securities or other debt instruments; the Company's ability to reduce its debt and the timing of such reductions, if any; projected dividends, if any; projected free cash flow; liquidity and financing requirements, including funding sources and availability; the Company's ability to maintain or improve its credit ratings, leverage levels and financial profile, and the timing of achieving such improvements, if at all; the Company's hedging strategy and projected margin posting obligations; the Company's tax position and projected effective tax rate; and the expected impact of changes in laws.
The forward-looking statements included on this Website involve risks and uncertainties that could cause actual results to differ materially from projected results. Accordingly, investors should not place undue reliance on forward-looking statements as a prediction of actual results. The Company has based these forward-looking statements on current expectations and assumptions about future events, taking into account all information currently known by the Company. While the Company considers these expectations and assumptions to be reasonable, they are inherently subject to significant business, economic, competitive, regulatory and other risks and uncertainties, many of which are difficult to predict and beyond the Company's control. These risks and uncertainties include, but are not limited to, volatility of commodity prices; the costs and results of drilling and operations; uncertainties about estimates of reserves, identification of drilling locations and the ability to add proved reserves in the future; the assumptions underlying production forecasts; the quality of technical data; the Company's ability to appropriately allocate capital and other resources among its strategic opportunities; access to and cost of capital; the Company's hedging and other financial contracts; inherent hazards and risks normally incidental to drilling for, producing, transporting and storing natural gas, natural gas liquids (鈥淣GLs鈥) and oil; operational risks and hazards incidental to the gathering and transmission and storage of natural gas as well as unforeseen interruptions; cybersecurity risks and acts of sabotage; availability and cost of drilling rigs, completion services, equipment, supplies, personnel, oilfield services and sand and water required to execute the Company's exploration and development plans, including as a result of supply chain and inflationary pressures; risks associated with operating primarily in the Appalachian Basin; the ability to obtain environmental and other permits and the timing thereof; construction, business, economic, competitive, regulatory, judicial, environmental, political and legal uncertainties related to the development and construction by the Company or its joint ventures of pipeline and storage facilities and transmission assets and the optimization of such assets; the Company's ability to renew or replace expiring gathering, transmission or storage contracts at favorable rates, on a long-term basis or at all; risks relating to the Company's joint venture arrangements; government regulation or action, including regulations pertaining to methane and other greenhouse gas emissions; negative public perception of the fossil fuels industry; increased consumer demand for alternatives to natural gas; environmental and weather risks, including the possible impacts of climate change; and disruptions to the Company's business due to acquisitions, divestitures and other strategic transactions. These and other risks are described under the "Risk Factors" section in 博鑫娛樂城's most recent Annual Report on Form 10-K for the, the "Risk Factors" section included in 博鑫娛樂城's subsequently filed Quarterly Reports on Form 10-Q, and other documents 博鑫娛樂城 files from time to time with the SEC.
博鑫娛樂城鈥檚 claim of achieving 鈥渘et zero鈥 in October 2024 is based on (i) 2023 Scope 1 greenhouse gas (鈥淕HG鈥) emissions, as reported to the U.S. Environmental Protection Agency (鈥淓PA鈥) under the EPA鈥檚 Greenhouse Gas Reporting Program (鈥淪ubpart W鈥) for the onshore petroleum and natural gas production segment and the gathering and boosting segment, plus (ii) 2023 Scope 2 GHG emissions using the location-based method and the EPA鈥檚 Emissions & Generation Resource Integrated Database鈥檚 state emission factors for 博鑫娛樂城鈥檚 operating areas, minus (iii) carbon offsets generated by 博鑫娛樂城 during calendar year 2024. Carbon offsets generated by 博鑫娛樂城 during 2024 consisted of nature-based carbon offsets generated in the Appalachian region from conservation management projects such as the removal of invasive species, wildfire risk monitoring, and native tree and shrub placement. Such projects were validated by West Virginia University utilizing Conservation Practice Standards outlined by the U.S. Department of Agriculture's Natural Resource Conservation Service and certain Verra guidelines.
博鑫娛樂城鈥檚 net zero claim does not include Scope 3 GHG emissions or emissions from Equitrans Midstream Corporation and its related assets, which were acquired by 博鑫娛樂城 on July 22, 2024. 博鑫娛樂城鈥檚 GHG emissions, carbon offsets and net zero claims have not been verified by an independent third-party.
Any forward-looking statement speaks only as of the date on which such statement is made, and, except as required by law, the Company does not intend to correct or update any forward-looking statement, whether as a result of new information, future events or otherwise.
3. Privacy
We recommend that you review our Privacy Policy which is part of these Terms. Unfortunately, we cannot ensure that personal information will never be disclosed in ways not otherwise described in the Privacy Policy.
4. Updates and Changes to the Terms聽
We may update these Terms at any time. When we do, we will revise the updated date at the bottom of this page. We encourage users to frequently check this page for any changes to stay informed about the Terms applicable to this Website. You acknowledge and agree that it is your responsibility to review these Terms periodically and become aware of any modifications.
5. Disclaimers of Warranties
THIS WEBSITE IS PROVIDED BY US 鈥淎S-IS鈥 WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, DATA, SERVICES, OR UNINTERRUPTED ACCESS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES ARISING FROM USAGE OF TRADE OR COURSE OF DEALING. THESE DISCLAIMER OF WARRANTIES APPLY TO ANY DAMAGES OR INJURY TO PERSON OR PROPERTY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. BECAUSE SOME STATES DO NOT ALLOW SOME OR ALL OF THESE DISCLAIMERS, THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. IN SUCH STATES, WARRANTIES SHALL BE DISCLAIMED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
6. Limitation of Liability
NEITHER WE NOR ANY OF OUR EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, OR AFFILIATES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THIS WEBSITE OR INABILITY TO GAIN ACCESS TO OR USE THIS WEBSITE. FURTHERMORE, IN NO EVENT SHALL OUR LIABILITY WITH RESPECT TO THIS WEBSITE EXCEED $100 U.S. DOLLARS. THESE DISCLAIMERS OF DAMAGES AND LIMITATIONS OF LIABILITY APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. BECAUSE SOME STATES DO NOT ALLOW SOME OR ALL OF THESE DISCLAIMERS AND LIMITATIONS, THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, DAMAGES SHALL BE DISCLAIMED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
7. Links
This Website may contain links to other web sites that are owned and operated by third party vendors and other third parties. We are providing these links solely as a convenience. The appearance of a link does not imply our endorsement, nor are we responsible for the content of any linked site. You access linked sites at your own risk, including reliance on the content contained on or provided by such links or sites.
Certain portions of this Website may contain additional functionality, including but not limited to web portals, web applications, and other interactive features restricted by username/password access (鈥淥ptional Functionality鈥). Access to any Optional Functionality is provided at our sole discretion, may be withdrawn or modified by us at any time, and may be subject to and conditioned upon your acceptance of additional terms and conditions.
8. System Integrity
You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs or other malicious code, intended to damage or interfere with the proper working of this Website or to surreptitiously intercept or expropriate any system, data or personal information from this Website. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to 鈥渟pam鈥 or other such unsolicited mass e-mailing techniques and/or denial of service attacks.
9. Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Website.聽
10. User Communications, Feedback and Submissions
This Website may, from time to time, have functionality that permits public communication, including public postings and links. You agree not to submit, publish, distribute, or transmit through this Website any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, hateful, racially or ethnically discriminatory, or content that would constitute or encourage a criminal or civil offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. You also agree that you will not submit, publish, distribute, or transmit anything through this Website that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. We do not endorse any third party information posted or content contained on this Website and we are not liable for any information posted on this Website, including but not limited to any information posted about you.
We reserve the right to take any action with respect to information posted on this Website, which we believe is appropriate in our sole discretion, including but not limited to removal. However, we cannot, nor do we, control the information provided by users or content providers which is made available through our system.
11. Ownership
This Website and all intellectual property rights included in or related to this Website (including but not limited to copyrights, trademarks, service marks, domain name rights, patents and data rights), are owned or licensed by 博鑫娛樂城, and all right, title and interest in this Website and the intellectual property rights remain 博鑫娛樂城鈥檚 property. You may not, and these Terms do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to this Website. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on this Website or its content. Those trademarks, trade names, and service marks and all other 博鑫娛樂城 trademarks, trade names, and service marks are proprietary to 博鑫娛樂城, and may not be used in connection with any product or service without 博鑫娛樂城鈥檚 written permission. All other trademarks, product names, and company names and logos are the property of their respective owners.
12. Termination of Usage
These Terms are in force with respect to you until terminated by either you or 博鑫娛樂城. You may terminate these Terms with respect to you solely by discontinuing your use and access to this Website. 博鑫娛樂城 may terminate these Terms with respect to you, or suspend your access to all or part of this Website, without notice, for any conduct that 博鑫娛樂城, in its sole discretion, believes is disruptive to this Website or is in violation of any applicable law or these Terms. In the event of termination or expiration of these Terms for any reason, the provisions of Sections 2, 5, 6, 7, 10, 11, 12, 13, 14, and 15 shall survive.
13. Indemnification
You agree to indemnify, defend and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys鈥 fees) resulting from your breach of any provision of these Terms and/or any intentional wrongdoing by you.
14. Governing Law and Jurisdiction
This Website is controlled and operated by us from our offices within the Commonwealth of Pennsylvania, United States of America. Although it may be technically accessed from all 50 states as well as from other countries around the world, you agree that your use of this Website shall be construed to be made from within the Commonwealth of Pennsylvania and you agree that these Terms and your use of this Website shall be governed in all respects by the internal substantive laws of the Commonwealth of Pennsylvania, without regard to conflict of laws provisions. We specifically disclaim the applicability of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act. You further submit to jurisdiction and venue in the state and federal courts located in the Commonwealth of Pennsylvania, Allegheny County and further agree that any cause of action you may bring arising under your use of this Website shall be brought by you exclusively in a state or federal court located in the Commonwealth of Pennsylvania, Allegheny County.
15. Other General Provisions
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms between you and us. These Terms are an agreement between you and us and are not intended to be for the benefit of any third party. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
We reserve the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise. These Terms, and all writings and web pages incorporated by reference into these Terms, including the related Privacy Policy, set forth the entire understanding and agreement between us with respect to the subject matter hereof.
16. How to Contact Us
If you have any questions about these Terms, the practices of this Website, or your dealings with this Website, you can contact:
博鑫娛樂城 Corporation
Attn: Legal Department
博鑫娛樂城 Plaza
625 Liberty Avenue, Suite 1700
Pittsburgh, PA 15222
USA
Last Updated 12/2024
