Terms of Use
bpx Royalty Owner Relations Portal Terms and Conditions
Effective Date: May 1, 2024
- Introduction
These Terms and Conditions, including bpx’s Privacy Statement and any other terms incorporated herein by reference (collectively, “Portal Terms”) constitute an agreement between you and bpx Energy (referred to herein as, “bpx”, “we”, “us” or “our”) relating to your use of the bpx Royalty Owner Relations portal (the “Portal”), all corresponding webpages and websites that link to the Portal and any other content, applications, features, functionality, information and services offered by us through the Portal. In these Portal Terms, “you” or “your” means you and any persons that you authorize, in accordance with these Portal Terms, to use the Portal or your account for purposes authorized by these Portal Terms.
You understand and agree that you are not obligated to use the Portal and that bpx provides you with other methods to access the data available in the Portal. These alternatives are available at: About Us. By using the Portal, you agree to be bound by these Portal Terms which may be updated from time to time in bpx’s sole discretion. Your right to use the Portal is conditioned upon your ongoing acceptance and compliance with these Portal Terms. If you do not agree to be bound by these Portal Terms, you are not authorized to use or access the Portal.
- Use of Data
By using the Portal, you authorize bpx to collect information about your registration and account activity, which may include name and contact information, user credentials, banking information, and other information related to your relationship with bpx. Use of such information shall be subject to bpx’s Privacy Statement, which may be updated from time to time, in bpx’s sole discretion. For further information on the personal information bpx collects, its purpose for using such information and any rights you have regarding this information, please see bpx’s Privacy Statement, here. You are responsible for the data you input into the Portal and bpx shall have no responsibility or liability for outcomes arising from you or your representative’s submission or omission of data to the Portal. You acknowledge and agree that your use of the Portal is not a substitute for your ongoing obligation to review and monitor your owner account.
- Safeguarding Devices, Usernames, and Passwords
You agree that you will exercise reasonable care in safeguarding any device on which you use the Portal and keep your login credentials confidential and secure, and that you will notify bpx immediately if you believe that fraudulent or unauthorized access of your online account has occurred or if you become aware of any breach of security relating to the Portal or your use thereof. These Portal Terms do not create any responsibility of bpx to notify you of any unauthorized activity or take any action on your behalf with respect thereto.
- Electronic Communications
Except as otherwise required by law, you acknowledge and agree that bpx may provide any notice permitted or required under the Portal Terms via mail, email, posting on our website, SMS, or any other reasonable means. By using the Portal, you acknowledge and agree that bpx may communicate with you regarding the Portal via these means. These communications will include notices about your account. Such communications, as well as notices, disclosures, agreements, and any other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by us. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.
Notice for California Users. Under California Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market, Suite S202, Sacramento, CA 95834, or by telephone at (800) 952-5210 or email at dca@dca.ca.gov.
- Changes to Portal
bpx may suspend or terminate your rights in and to the Portal at any time, with or without notice, in bpx’s sole discretion including, without limitation, if a newer version of the Portal or a service thereof is available, to improve the Portal, or any functionality thereof; to add or remove access to a service accessible through the Portal; to improve ease of use for you or bpx; to correct an error or bug; to prevent or discontinue harmful or improper access to the Portal, to prevent or discontinue unauthorized use of the Portal or a service thereof; to comply with a platform provider or governmental or regulatory authority request; or to comply with a statute or judicial order. We may provide notice to you of such changes or any suspension or modification by any means listed herein or to the extent required by applicable U.S. law. bpx reserves the right, at our sole discretion, to add and remove features and capabilities from the Portal and to create limits on the use of the Portal, including, without limitation, additional registration or verification requirements or geographic restrictions, at any time and without notice.
- Right to Change/Modify/Cancel Portal Terms
bpx may, with or without notice, cancel, modify, restrict, waive, or terminate in its sole discretion any of the Portal Terms, with or without prior notice, even though these changes may affect your ability to use the Portal. You are responsible for remaining knowledgeable of any changes that bpx makes to these Portal Terms and finding alternative means to access your account information in the event of such changes.
Furthermore, some pages of the Portal also contain special additional terms and conditions of use that apply to that specific location (e.g., when updating contact details). You will be required to review and accept these additional terms and conditions prior to submitting requests through these pages.
- Termination of Portal
The Portal has no predetermined termination date and may continue until such time as bpx decides to terminate it. bpx reserves the right to terminate the Portal or to terminate your access to the Portal, in whole or in part, without notice at any time.
- Intellectual Property
You acknowledge and agree that bpx and/or its licensors, affiliates, partners, agents, and successors own all legal right, title, and interest in and to the Portal, and any software provided to you as a part of or in connection therewith, including any and all intellectual property rights that exist therein.
By accessing the Portal, you are granted a limited, revocable license to access and use this Portal solely for personal use. This license does not include any resale or commercial use of any portion of the Portal, the use of bpx’s name or trademarks, or the use of data mining, robots, or other extraction tools. Any unauthorized use of the Portal or the data contained therein terminates this license granted by bpx. bpx reserves all rights in and to the Portal and its intellectual property including, but not limited to, the right to demand for payment of damages, seek injunctive relief to stop the unauthorized use of the data, content or services, and pursue legal action for copyright infringement.
- Your Use of the Portal
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Portal or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Portal or any content, to obtain or attempt to obtain any materials or information through any means not purposely made available through the Portal. bpx reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Portal, or any other systems or networks connected to the Portal or to any bpx server, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Portal or any network connected to the Portal, nor breach the security or authentication measures on the Portal or any network connected to the Portal. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Portal, including any account not owned by you, to its source, or exploit the Portal or information made available through the Portal, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Portal.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Portal or with any other person’s use of the Portal.
You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Portal or any content for any purpose that is unlawful or prohibited by these Portal Terms, or other activity which infringes the rights of bpx or others.
- Responsibility
These Portal Terms set forth all the terms of the Portal. bpx has no other obligations with respect to the Portal beyond those in these Portal Terms. bpx makes no guarantees, warranties or representations of any kind concerning the accuracy or completeness of the information in the Portal and expressly disclaims liability for any errors or omissions and by using the Portal you release bpx from any such liability.
- Feedback
Should you send any submissions, suggestions, ideas, or feedback, whether related to the Portal, or otherwise (“Feedback”), you acknowledge and agree that any Feedback is given voluntarily, and that bpx owns the Feedback and is free to use, disclose, reproduce, license, or otherwise distribute, and exploit Feedback as it sees fit and in its sole discretion. Neither bpx nor its affiliates have any obligations regarding the use of any Feedback for any purpose.
- Indemnification
You agree to release, indemnify, defend and hold harmless bpx, its affiliates, and its and their directors, officers, owners, agents, partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (collectively “Indemnified Parties”) from and against any and all claims, demands, causes of action, debt or liability, including without limitation attorney’s fees and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from:
- your use of the Portal, or any service provided in the Portal;
- any breach, violation or non-compliance by you of any of these Portal terms;
- your actions or omissions; or
- your negligence or violation or alleged violation of any applicable law, regulations, or any rights of a third party.
Disclaimer. THE PORTAL (INCLUDING ALL CONTENT, FUNCTIONALLITY, AND MATERIALS) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRIGNEMENT. NO WARRANTY IS PROVIDED THAT THE PORTAL WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE PORTAL WILL BE UNINTERRUPTED. YOUR USE OF THE PORTAL AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE PORTAL IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR INJURY RESULTING FROM ITS USE. YOUR SOLE REMEDY AGAINST BPX IS TO STOP USING THE PORTAL OR ANY SUCH CONTENT.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BPX OR ANY OF ITS CONTRACTORS, PROVIDERS, OR ANY OF EACH OF THEIR AFFILIATES AND SUBSIDIARIES, BE LIABLE FOR ANY DAMAGES OR INJURY ARISING OUT OF THE USE OF THE PORTAL INCLUDING LOSS ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM OR MOBILE DEVICE, PROPERTY DAMAGE, AND BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE PORTAL OR INABILITY TO USE THE PORTAL, INCLUDING, BUT NOT LIMITED TO, ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBLITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED.
- Choice of Law
These Portal Terms are governed by and construed in accordance with the laws of the State of Texas, excluding that body of laws pertaining to conflict of laws. If any provision of these Portal Terms is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable.
- Entire Agreement and Statement of Non-Reliance
These Portal Terms together with any other terms and conditions, policies or agreements referenced herein, constitute the entire agreement between the parties concerning the Portal. You expressly acknowledge and agree that you are not entitled to rely upon, and have not relied upon, any representation or warranty by bpx that is not expressly stated in these Portal Terms.