Apache is pleased to provide access to our website and related materials (collectively, the “Site”). Your use of the Site is subject to the binding legal agreement set forth below (the “Terms”).
BY USING THE SITE, YOU AGREE TO EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE, DO NOT USE THE SITE FOR ANY PURPOSE.
HOW YOU CAN USE THE SITE
Generally, the Site is made available only for personal, non-commercial use. You are permitted to make a single, temporary copy of materials made available to you through the Site but only for your personal, non-commercial use. You may not modify, reformat, copy, display, distribute, transmit, broadcast, publish, license, create derivative works from, transfer or sell any materials made available to you through the Site. Additionally, you shall not:
TERMS SUBJECT TO CHANGE
We can change these Terms at any time, and your continued use of the Site after any change we make will mean that you agreed with the changes. Notice to you may be made by displaying notices or links to notices to you generally on the Site. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, DO NOT ACCESS OR USE THE SITE IN ANY MANNER FOR ANY PURPOSE.
We reserve the right, in our sole discretion, to modify or discontinue, temporarily or permanently, all or any part of the Site, at any time and for any or no reason and without notice, including, but not limited to:
We reserve the right to suspend or terminate use of the Site by anyone:
You agree that we are not liable to you (or any third party making claims through you) for any termination, suspension, restriction, modification, or discontinuance of the Site.
PRIVACY AND DATA PROTECTION
In order to access some features of the Site, you may be required to create an account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Although Apache will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Apache or others due to such unauthorized use.
USER CONTENT / SUBMISSIONS TO THE SITE
In connection with the Site, users may be allowed to upload, post, email, transmit or otherwise make available other content or material (any such content or material is referred to herein as “Content”). Generally, we do not screen, monitor, verify, review or edit Content before it appears on the Site. You understand that we are not responsible for the truth, completeness, objectivity, accuracy, or usefulness of any Content, nor do we endorse any Content. We retain the right, in our sole discretion, to monitor or remove any Content at any time and without notice, but we have no obligation to do so.
If you upload, post, email, transmit or otherwise make available any Content in connection with the Site, you guarantee, represent and warrant to us that:
The Site may contain links to other websites, applications or content, which links may appear to such other websites, applications or content hosted or provided by third parties into the interface of the Site. Your use of any such other website, application or content is subject to the legal terms and privacy policies established by such third parties. Apache is not able to control these third party websites, applications or content, and assumes no responsibility for their subject matter, legal terms, privacy policies or practices. The provision of links to third party websites, applications or content should not be interpreted as endorsement or approval by Apache of any such third parties or their products or services. By using the Site, you expressly relieve Apache from any and all liability arising from your use of any third-party websites, applications or content.
The Site is owed by Apache (or its licensees, as applicable) and is protected by applicable law, with all rights reserved. Except for the limited permission to use the Site for your personal, non-commercial use set forth above, when you use the Site you are not receiving a license or any other rights, including any intellectual property or other proprietary rights, from Apache.
APACHE, the Apache Corporation logo, all product names, all page headers, all custom graphics, all button icons, and all trademarks, service marks and logos appearing on this website, unless otherwise noted, are service marks, trademarks and/or trade dress of Apache Corporation or its affiliates (the “Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on this website are the property of their respective owners. You agree not to display or use the Marks in any manner without our prior written permission. You agree not to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR ACTS OR OMISSIONS WHILE USING OR ACCESSING THE SITE AND FOR ALL CONTENT YOU UPLOAD, POST, EMAIL, TRANSMIT OR OTHERWISE MAKE AVAILABLE ON THE SITE, INCLUDING AS PROVIDED VIA YOUR ACCOUNT, AND YOU AGREE TO PROTECT, DEFEND, RELEASE, INDEMNIFY AND HOLD APACHE, ITS AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, MEMBERS, MANAGERS, CONTRACTORS, SUBCONTRACTORS, AGENTS, REPRESENTATIVES AND SHAREHOLDERS HARMLESS FROM AND AGAINST ANY CLAIM, LOSS, DAMAGE, LIABILITY, COST OR EXPENSE OF ANY KIND (INCLUDING ATTORNEYS’/SOLICITORS’ FEES) THAT WE MAY INCUR IN CONNECTION WITH A CLAIM, INCLUDING THIRD-PARTY CLAIMS, OR OTHERWISE, IN RELATION TO YOUR ACCESS TO OR USE OF THE SITE OR YOUR VIOLATION OF THESE TERMS OR THE RIGHTS OF ANY THIRD PARTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APACHE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE OR WARRANTIES AS TO THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS OR USEFULNESS) AS TO THE SITE AND ALL INFORMATION, APPLICATIONS, CONTENT AND OTHER MATERIAL (INCLUDING THIRD PARTY INFORMATION, APPLICATIONS, CONTENT AND OTHER MATERIAL) INCLUDED IN OR ACCESSIBLE FROM THE SITE. YOU UNDERSTAND THAT YOUR USE OF THE SITE (INCLUDING ANY INFORMATION OR MATERIAL YOU DOWNLOAD FROM THE SITE AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND ALL INFORMATION, APPLICATIONS, CONTENT AND OTHER MATERIAL (INCLUDING THIRD PARTY INFORMATION, APPLICATIONS, CONTENT AND OTHER MATERIAL) INCLUDED IN OR ACCESSIBLE FROM THE SITE, ARE PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT APACHE MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES OR HARMFUL CODE OR ERROR-FREE. YOU UNDERSTAND THAT APACHE DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL APACHE, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, MEMBERS, MANAGERS, CONTRACTORS, SUBCONTRACTORS, AGENTS, REPRESENTATIVES OR SHAREHOLDERS BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR INCIDENTAL DAMAGES, DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO ANY USE, ACCESS, INABILITY TO USE OR ACCESS, RELIANCE ON OR PERFORMANCE OR NON-PERFORMANCE OF THE SITE, EVEN IF APACHE HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE (INCLUDING THE SOLE, JOINT, CONCURRENT, ACTIVE, PASSIVE OR GROSS NEGLIGENCE OF APACHE OR ITS AFFILIATES), TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. IN NO EVENT SHALL APACHE’S TOTAL LIABILITY TO YOU, FOR ANY CLAIM OR ACTION ARISING FROM USE OF THE SITE (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE, AND APACHE’S LIABILITY SHALL OTHERWISE BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
CAUTIONARY NOTE TO INVESTORS
The United States Securities and Exchange Commission (SEC) permits oil and gas companies, in their filings with the SEC, to disclose only proved, probable, and possible reserves that meet the SEC’s definitions for such terms. Apache may use certain terms on the Site, such as “resource,” “resource potential,” “net resource potential,” “potential resource,” “resource base,” “identified resources,” “potential net recoverable,” “potential reserves,” “unbooked resources,” “economic resources,” “net resources,” “undeveloped resource,” “net risked resources,” “inventory,” “upside” and other similar terms that the SEC guidelines strictly prohibit Apache from including in filings with the SEC. Such terms do not take into account the certainty of resource recovery, which is contingent on exploration success, technical improvements in drilling access, commerciality, and other factors and are therefore not indicative of expected future resource recovery and should not be relied upon. Any reserve estimates provided on the Site that are not specifically designated as being estimates of proved reserves may include estimated reserves not necessarily calculated in accordance with, or contemplated by, the SEC’s latest reserve reporting guidelines. Investors are urged to consider carefully the disclosure in Apache’s most recently filed Annual Report on Form 10-K and any amendments on Form 10-K/A, on the Site and in our other public filings and press releases. Apache’s Form 10-K and other SEC filings are available from Apache at www.apachecorp.com or by writing Apache at: 2000 Post Oak Blvd., Suite 100, Houston, Texas 77056 (Attn: Corporate Secretary). You can also obtain this report from the SEC by calling 1-800-SEC-0330 or from the SEC’s website at www.sec.govwww.sec.gov.
The Site contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Forward-looking statements can be identified by words such as “anticipates,” “intends,” “plans,” “seeks,” “believes,” “continues,” “could,” “estimates,” “expects,” “guidance,” “may,” “might,” “outlook,” “possibly,” “potential,” “projects,” “prospects,” “should,” “will,” “would,” and similar references to future periods, but the absence of these words does not mean that a statement is not forward-looking. These statements include, but are not limited to, statements about future plans, expectations and objectives for Apache’s operations, including statements about our capital plans, drilling plans, production expectations, asset sales, and monetizations. While forward-looking statements are based on assumptions and analyses made by us that we believe to be reasonable under the circumstances, whether actual results and developments will meet our expectations and predictions depend on a number of risks and uncertainties which could cause our actual results, performance, and financial condition to differ materially from our expectations. Any matters that are not historical facts are forward-looking and, accordingly, involve estimates, assumptions, risks and uncertainties. These risks include, but are not limited to the volatility of oil and natural gas prices, uncertainties inherent in estimating oil and natural gas reserves, drilling risks, and other risks, uncertainties and factors discussed, including under the caption “Risk Factors,” in Apache’s most recently filed Annual Report on Form 10-K and any amendments on Form 10-K/A, on the Site and in our other public filings and press releases. Any forward-looking statement made by Apache on the Site speaks only as of the date on which it is made. There is no assurance that Apache’s expectations will be realized, and actual results may differ materially from those expressed in the forward-looking statements. Factors or events that could cause our actual results to differ may emerge from time to time, and it is not possible for us to predict all of them. Apache undertakes no obligation to publicly update any forward-looking statement, whether as a result of new information, future development or otherwise, except as may be required by law.
STOCK PRICE DATA
Apache does not control or guarantee stock price data and financial information provided on the Site by third parties. Such data and information is provided for informational purposes only, and is not intended for trading purposes. Neither Apache nor any of its data or content providers shall be liable for any errors or delays in the content or for any actions taken in reliance thereon. All stock price data on the Site may be delayed at least 15 minutes.
Apache strives to make the Site accessible to as broad a user base as possible and to comply with best practices and standards as defined by Section 508 of the U.S. Rehabilitation Act and the Web Content Accessibility Guidelines (WCAG) of the World Wide Web Consortium Web Accessibility Initiative (W3C WAI). However, Apache does not guarantee, represent, or warrant that the Site will be accessible to all users.
If you have visited the Site in search of information on U.S. employment opportunities, to request a paper employment application, or to submit your resume, and you require an accommodation, please contact recruiting at 1 713 296 6000.
The Site is a general audience website and a business website. As such, it is not intended for children or minors. Although it may contain information that may be of interest to children, the Site is not directed at children, and we do not knowingly collect or solicit personal information from children under the age 13. Use of the Site is prohibited for anyone under the age of 13. If you are between 13 and 18 years of age, you must secure authorization from your parents or legal guardian before using the Site.
INFRINGING OR OBJECTIONABLE CONTENT
If you would like to make a complaint because you believe content on the Site is objectionable or infringes copyright or any other rights, you may contact us at:
Your complaint should:
Specifically, in relation to alleged infringement of copyright, your complaint must include the following:
Upon receipt of such notification of alleged copyright infringement, Apache shall promptly investigate the matter, and, if appropriate, remove or disable access to the allegedly infringing material. After Apache removes or disables access to such material, if such material was posted by a user of the Site, Apache will make reasonable efforts notify the party that posted the material of its action. Such party may then provide Apache’s designated agent proper “counter-notification” stating his, her or its authority to post the allegedly infringing material, which Apache will forward to the alleged copyright owner. Apache will inform the alleged copyright owner that Apache will repost the removed material or cease disabling access to it in ten to fourteen business days unless the alleged copyright owner sends a second notification to Apache’s designated agent stating that it has filed suit against the alleged infringer.
An effective counter notification must be sent to Apache’s designated agent, whose name and address are listed above. The notice must include the following information:
These Terms are the entire agreement between you and Apache. They supersede any and all prior or contemporaneous agreements between you and Apache relating to your use of the Site.
Apache’s failure at any time to require performance of any provision of these Terms or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. Any waiver by Apache must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Apache of any breach of any provision of these Terms or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.
If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect.
These Terms are governed by and shall be construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law; provided, however that no law, theory, or public policy shall be given effect which would undermine, diminish, or reduce the effectiveness of the waiver of damages provided in the paragraph above titled “LIABILITY DISCLAIMER,” it being your and Apache’s express intent, understanding, and agreement that such waiver is to be given the fullest effect, notwithstanding the negligence (whether sole, joint, or concurrent), gross negligence, willful misconduct, strict liability, or other legal fault of Apache or any other person. You expressly agree that exclusive jurisdiction and venue for any claim, dispute or cause of action involving Apache or relating in any way to your use of the Site shall be in the state or federal courts located in Harris County, Texas, and you expressly consent to the exercise of personal jurisdiction by such courts in connection with any such claim, dispute or cause of action.
The Site is owned and operated by Apache Corporation. All references in these Terms to “Apache”, “we”, “us”, “our” and like terms should be interpreted to cover Apache Corporation and its affiliates. However, these terms are not intended to describe any ownership or legal relationship that may exist among any entities.
If you have any questions regarding these Terms or any other matter, you may contact us by emailing us at email@example.com or in writing to:
We reserve the right to monitor your communications with us whether by mail, voice, fax, email or any other form of transmission for the purposes of quality control, security and other business needs.