How Can Smaller E&Ps Navigate the Biden Leasing Ban?

How Can Smaller E&Ps Navigate the Biden Leasing Ban?

In January President Biden directed the U.S. Department of the Interior to halt issuing new leases for oil and gas development on federal lands and waters. On Tuesday, the Interior Department announced that it will conduct a sweeping review of federal oil and gas leasing.

The study is predicated on the assumption, as stated by a high-level department official in a Bloomberg article posted to Rigzone, that Americans are not well-served by the existing federal oil and gas leasing program. The news agency also pointed out the study could yield lasting implications for future lease sale conditions such as acreage availability, leasing costs, and environmental requirements.

Losing the ability to acquire leases on federal acreage – onshore and offshore – would influence the growth plans of domestic exploration and production (E&P) companies, particularly those that have traditionally operated largely within those areas. The Permian Basin, which encompasses parts of Texas and New Mexico, offers a case in point that the Federal Reserve Bank of Dallas discusses in a March 4, 2021, written statement. The Dallas Fed pointed out that private landowners and the state own the portion of the Permian in Texas, but federal land makes up one-half of New Mexico’s Permian. Consequently, it noted that a federal leasing ban would shift Permian activity – including employment, tax revenues, and other benefits – from New Mexico to Texas.

How might the loss of access to new federal leases affect smaller E&Ps, which typically employ a narrower geographic focus? Rigzone posed questions on the subject to several informed market observers. Read on for their perspectives.

Rigzone: Would you briefly explain how large E&Ps and smaller operators differ regarding acquiring acreage and securing (and using) drilling permits? In other words, how do their strategies differ?

Clayton Gring, Managing Director, Turnaround & Restructuring Services, AlixPartners: Large E&Ps have been very active on the mergers and acquisitions front recently – major transactions include Chevron (NYSE: CVX) / NoblePioneer (NYSE: PXD) / ParsleyConocoPhillips (NYSE: COP) / Concho – and that sort of activity could continue if commodity prices continue to rise. Smaller E&Ps likely won’t have access to the kind of capital necessary to make large acquisitions; however, there is certainly more capital available to the market than in the recent past. Smaller operators and servicers are looking to take advantage of that availability, especially those with near-term maturities or large debt facilities maturing in the next few years. Ultimately, smaller operators will benefit from extending runway or enhancing liquidity and drilling or producing wells in the current rising commodity price environment.

Tom McNulty, Houston-based Principal and Energy Practice leader with Valuescope, Inc.: Smaller operators rely on their expertise in specific formations. They seek to be more nimble than their bigger competitors and are far less diverse. Large E&P companies spread their risk over broader asset profiles and are far more diversified. This dictates how they go after acreage and permits. Bigger players can use the process to block competitors because they have the capital. Smaller players cannot and target where they want to be. The short answer is that smaller operators, if they are good, are focused only where they know they can compete and do well. Bigger players diversify across a variety of plays and, while they do not want to make mistakes, they can from time to time and still survive.

Fernando Valle, Senior Analyst, Oil and Gas, Bloomberg Intelligence: The process is the same, but the costs are much more significant for a smaller operator than for a major to tie-up capital into permits. That likely gives a long runway for a Conoco versus a small operator.

Rigzone: What options do smaller operators have to stay active, particularly if they’ve focused on federal acreage such as the New Mexico Permian? For instance, would acquiring permits from large E&Ps be a realistic route?

Gring: I’m not sure there will be an appetite by larger E&Ps to off-load federal land permits, especially now that they are in limited supply. Smaller E&Ps that have focused on drilling federal lands could take this opportunity to sell their existing permits and refocus their business in other basins and on private lands. However, smaller E&Ps may not look to make such a bold move, especially if they have a strong enough balance sheet to recapitalize and extend maturities to avoid any potential looming cash crunch.

Valle: There aren’t many options if they don’t have the permits. Acquiring land with permits would be one but doesn’t seem realistic. Their best chance is for a change in policy.

McNulty: Smaller players that are well run will pivot to where they can compete. Hundreds of leases and permits were acquired before the new administration took over; both EOG (NYSE: EOG) and Devon (NYSE: DVN) were very active in late 2020, among others. It is too early to tell if buying and selling has picked up, and it is important to keep in mind that leases often expire undeveloped. This building up of lease and permit inventories last year does not necessarily mean that leases and permits can or will be acquired by smaller players. They need to be able to acquire leases on private land on their own and not hope for bigger players to sell them anything.

Rigzone: What lasting changes, if any, do you foresee in the domestic E&P industry – particularly smaller operators – as a result of the Biden administration’s moratorium of oil and gas leasing on federal land and waters?

James Blatchford, Energy Policy Analyst, Bloomberg Intelligence: Lower commodity prices and other factors have been testing operators of all sizes. Smaller ones with less capital and less flexibility are especially challenged, and if they’re focused on federal lands and waters a moratorium worsens the outlook. It’s likely to result in more bankruptcies and more consolidation.

Valle: To add to James’ answer, it increases the likelihood that we don’t reach the 13 million barrels-a-day peak in U.S. production in the coming years. Offshore activity had been quiet, but areas like the Permian’s New Mexico can hamstring growth. The additional burdens put on pipelines is an additional headwind for the sector. That slack in U.S. production is likely to be picked up by international producers.

Gring: It is difficult to say what the long-term impacts of the moratorium will be. Legislation like this will clearly have a big impact on domestic onshore and offshore production, and it would be surprising if that legislation would reverse course and re-open federal lands after the government completes a more comprehensive review.

McNulty: There will be a continuation of the deal talk around consolidation. There are still too many companies chasing finite target packages. Bigger will be better, and the small ones that survive will be the best run and the least levered. Rather than take a buy offer from big independents or a major, I think smaller operators need to merge with each other to form scaled platforms.

Rigzone: Let’s say you’re the head of a small E&P contemplating the next 12 months. What do you see as your top challenges and opportunities?

Valle: Access to capital remains paramount, but the easing of rates and oil price rally have likely bought smaller players some leeway. If the oil price rally sustains, we could see some pressure on oil services pricing; completion crews (frac spreads) may be the first point of pain, as some of the capacity idled in 2020 won’t make it back and the market would likely be tight at WTI prices above $60-a-barrel for a prolonged period.

John Tully, Managing Director, South Region, SAP North America: If you’re the head of an E&P contemplating the next 12 months, the biggest challenge and opportunity you have is to find ways to improve the efficiency and economics of your business to optimize for the times we’re in. The new administration has different priorities, but it’s not a question of whether the industry will adjust; it always has and always will.

It’s a question of how these E&P companies will leverage technology to increase productivity, reduce operating costs and support their plans to scale up operations, add wells and increase workover activity. For this reason, ERP (enterprise resource planning) has been top of mind for E&P companies that work with SAP as it helps you simplify and automate business processes and integrate your back office – for instance, finance, procurement, supply chain, maintenance – to your new oilfield operations. The right system can help you standardize end-to-end processes and generate a consistent data model that provides true visibility to profit and loss at all times.

This is why SAP is seeing high demand from E&P companies for all-in-one, integrated solutions running in the cloud; they’re proven and simple to install. The cloud is a great equalizer for E&P companies, allowing them to gain access to bundled ERP solutions – with a pay-as-you-go model – that helps these operators become more productive, reduce operating costs, and increase their return on assets.

McNulty: The main challenges are the regulatory environment, the energy transition, and access to capital. Price volatility is to be expected, and all commodity businesses experience significant volatility. However, it can be harder to model what regulatory changes will occur and which ones will not occur. The energy transition is expected to put pressure on the E&P industry, but oil, gas, and natural gas liquids are different and have different end-user markets. Demand for energy continues to increase, particularly in the developing world, so I doubt that that the next 12 months will see that much of a change in terms of supply-demand balance. There are dozens of coal-fired power plants being built across Asia, and this would not have to happen if American LNG were more of an option. It cannot be an option if it is hindered here; hurting the natural gas complex in the U.S. causes more coal to be burned in Asia.

Capital continues to be a challenge, and there is growing pressure for hydrocarbon divestment on the buy side. My debt level, if any, would be based on $32 to $35 WTI oil prices and $2.05 to $2.65 gas prices. Anything above that is gravy – specifically, equity gravy. Debt kills in commodity businesses, and the volatility risk has to be borne by equity investors. I would be modestly levered, if at all, and will focus on the resource plays that I know better than anyone.

The opportunities are there for efficient, well-run E&P companies. The cost side should be rationalized to a large degree by now, after a long, tough stretch for oilfield service companies. And the ESG (environmental, social, and governance) front is both a challenge and an opportunity, because it is a positive NPV (net present value) argument for energy companies and should be a value enhancement. I am certain that energy companies that invest in ESG programs, personnel, and assets will be rewarded by capital providers. The bang for the buck is much bigger, because they are actually in the very supply chain that has the biggest impact on the “E” in ESG.  

Gring: If I were running a small E&P, I would see opportunities such as capitalizing on the recovery in commodity pricing and on my newfound or increased access to the credit and equity markets. This market will offer opportunities for producers to lock in longer-term hedges at pricing levels they haven’t seen in quite some time. Even with the uncertainties from the new administration, this would be an opportunity to recapitalize and strengthen my financial positioning in an upward-trending environment. Secondly, this could be an attractive environment to purchase assets. Yes, commodity prices are on the rise, but there is still the uncertainty and potential risk that comes with changes to government regulations in the sector. This could be an opportunity to acquire acreage from others that are looking to capitalize on the sale of their assets in what is now a more attractive pricing environment.


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PIPE EXCHANGE PRIVACY POLICY

Last Updated: August 2019

 

Pipe Exchange LLC (“Pipe Exchange,” “we,” “us,” and “our”) respects your privacy. This privacy policy (this “Privacy Policy”) explains the accepted privacy practices for our online service and product listings (collectively, the “Services”) found via our website at https://pipexch.com/ (the “Website”). It describes the ways in which your personal information is collected and used, and the rights and options available to you with respect to such information.

 

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Marketing Communications

 

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Transfer of Information to Third Parties

Pipe Exchange will not transfer your personal details and any information collected pertaining to your activities on the Website (provided that such details and information identify you personally) to any third party, except in the following cases or as otherwise outlined in this Privacy Policy:

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Children’s Online Privacy Information

Pipe Exchange does not knowingly collect personal information from minors who are under the age of 16 through the Website and/or the Services thereon. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without his/her consent, then he or she should contact Pipe Exchange at the information described below. If we become aware that a child under the age of 16 has provided us with personally identifiable information, we will delete such information from our files. Further, the Children’s Online Privacy Protection Act (“COPPA”) requires parental consent for collection of data from children younger than the age of 13 years old. For tips on protecting children’s privacy online, generally, please view the U.S. Federal Trade Commission (“FTC”) website at http://www.ftc.gov/privacy/privacyinitiatives/childrens.html.

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A cookie is a small text file that is stored in your web browser that allows Pipe Exchange or a third party to recognize you. Cookies might be used for the following purposes: (1) to enable certain functions; (2) to provide analytics; (3) to store your preferences; and (4) to enable ad delivery and behavioral advertising.

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When you access and/or use the Website, Pipe Exchange or a third party may place a number of cookies in your browser. Some of the cookies will only be used if you use certain features or select certain preferences, and some cookies will always be used.

Each cookie serves one of four different purposes:

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Finally, we may set cookies within emails we send to you (if you have consented to receiving emails from us). These cookies are used to track how often our emails are opened and clicked on by our customers. You can manage email cookies in the same way as website cookies, as explained above.

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Third party companies like analytics companies and ad networks generally use cookies to collect user information on an anonymous basis. They may use that information to build a profile of your activities on the Website and other websites that you’ve visited.

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  1. Do you use any other user tracking technologies?

We use additional technologies to help track user activities and preferences. For example, we use Google Analytics and when you visit the Website via Facebook, we use tracking pixels.

  1. Interest-Based Advertising

We and third parties engage in interest-based advertising provided by vendors in order to deliver advertisements and personalized content that we and other advertisers believe will be of interest to you. To the extent third-parties are using cookies or other technologies to perform these services, Pipe Exchange does not control the use of this technology or the resulting information for online, mobile, or email advertising, and is not responsible for any actions or policies of such third parties. Advertisements, emails, and other messages may be delivered to you by Pipe Exchange or its service providers based on your online or mobile behavior, your search activity, your geographic location or other information that is collected by us or obtained from third parties. Some of our vendors and we may use our own or third-party aggregated or anonymized personal information, demographic data, and other inferred commercial interests to assist in the delivery of our advertisements to you.

In addition, we and our business partners use third parties to establish deterministic or probabilistic connections among devices (such as smartphones, tablets, and computers) to deliver more relevant advertising to you and for advertising analytics and reporting purposes. This means that information about your use of websites or applications on your current device may be combined with information from your other devices. We also may share this information and other inferences with third parties to allow them to target advertising, personalize content, or analyze behavior. This allows, for example, advertisements you see on your tablet to be based on activities you engaged in on your smartphone. These business partners may share and combine information from cookies with identifiers (such as device IDs assigned by Google or Apple) and IP addresses to make connections among related devices. This also allows for a more personalized experience across the Website.

If you have any questions about our Cookie Policy, you may contact us by sending an email to privacy@pipexch.com or by writing to us at:  14025 West Road, Suite 100, Houston, TX 77041

 

Social Media Features

The Website includes social media features, such as the Facebook and LinkedIn buttons/icons. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features are either hosted by a third party or hosted directly on the Website. Your interactions with these features are governed by the privacy policy of the company providing it. 

 

Links to Third Party Sites

The Website may contain links to other sites that are not owned or controlled by Pipe Exchange. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This Privacy Policy applies only to information collected by the Website. 

 

How We Store Your Information

Data Security

Pipe Exchange implements data security systems and procedures to secure the information stored on Pipe Exchange computer servers. Such systems and procedures reduce the risk of security breaches, but they do not provide absolute security. Therefore, Pipe Exchange cannot guarantee that the Website and Services are immune to unauthorized access to the information stored therein and to other information security risks.

 

Our Commitment to Data Security. To prevent unauthorized access, maintain data accuracy and ensure the correct use of information, we have applied reasonable and appropriate physical, electronic and managerial procedures to safeguard and secure the information we collect online. We also limit access to personal data and confidential information on our systems to only those employees with a specific need to access this information. However, due to technological limitations and the risk of unlawful interceptions and accessing of transmissions and/or data, we cannot completely assure you, and you should not expect, that your personal information, and any other electronically communicated information, will be absolutely confidential.

The security of your personal information is important to us. When you enter sensitive financial information via our Website, the transmission of that information is encrypted using secure socket layer technology (SSL).

Please remember that you play a valuable part in security as well. To the extent you have created an account on our Website, your password to access our site, which you select at registration, should never be shared with anyone and should be changed frequently.  After you have finished using our site, you should log off and exit your browser so no unauthorized persons can use our site with your name and account information.

Information Retention and Access to Personal Information. We’ll retain information for as long as your account is active or as needed to provide you the Services, to comply with applicable law, resolve disputes, and to enforce our agreements.   If your personally identifiable information changes, or if you no longer desire to use and access our Services, you may correct, update, delete/deactivate your information by emailing Pipe Exchange via the contact information listed below. Before Pipe Exchange is able to provide you with any information or correct any inaccuracies, however, we may ask you to verify your identity and to provide other details to help us to respond to your request. But please note: (1) there might be some latency in deleting this information from our servers and back-up storage; (2) we will not delete anonymized data and may continue to use it as describe in this Privacy Policy; and (3) we may retain information if necessary to comply with our legal, tax or accounting obligations, resolve disputes, manage security risks, or enforce our agreements. Even if you cease your use of the Services, we may retain certain information in order to meet our obligations.

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties.  If you are a California resident and would like a copy of this notice, please submit a written request to: privacy@pipexch.com

International Transfer of Information Collected

We are a global company, with customers around the world and it is important to note that the Services, and the Website, may be operated via servers situated in the United States and elsewhere. If you are located outside of the United States, please be aware that any information which you supply to Pipe Exchange (including, without limitation, personal information (e.g., your name, phone number, email address, etc.) may be transferred to, processed, and used in the United States and elsewhere. To provide you with the Services, you irrevocably and unconditionally consent that we may store, use, process, transfer and transmit such information in accordance with this Privacy Policy in the United States and locations around the world – including those outside your country which may provide different rules, regulations, and protections regarding privacy. Information may also be stored locally on the devices used to access the Services, which may be mobile.

We have taken appropriate safeguards to ensure that your personal data will remain protected in accordance with this Privacy Policy, whether your personal data is within our control or has been entrusted to our third party service providers and partners.

Changes to this Privacy Policy

From time to time, Pipe Exchange may change the terms of this Privacy Policy. Changes will take effect once they are posted online and by accessing and/or using the Website or Services after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes.  If you do not agree with any of the amended terms, you must avoid any further use of the Website and/or Services offered by Pipe Exchange.

 

Inquiries or Concerns?

You may contact Pipe Exchange by emailing us at privacy@pipexch.com and we will do our best to provide a prompt response to your question.

PIPE EXCHANGE TERMS OF USE

Last updated: August 2019

Welcome to https://pipexch.com/Pipe Exchange (the “Website”). The Website is owned and operated by Pipe Exchange LLCPipe ExchangePipe Exchange including its related companies, affiliates and subsidiaries (collectively “Pipe Exchange,” “we,” “us,” “our”). We make the Website available to you, subject to the following Terms of Use (these “Terms of Use”). PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. By using the Website, you agree to these Terms of Use and agree they create a legally binding agreement between you and Pipe Exchange. If you do not agree to these Terms of Use, you may not use the Website. These Terms of Use are effective unless and until terminated by Pipe Exchange.

Minors are not authorized to access or use the Website for any purpose.

CHANGES TO TERMS OF USE

Pipe Exchange reserves the right, at any time, to modify, amend, alter or update these Terms of Use. These changes will be effective as of the date we post the revised version. By continuing to use the Website following such modifications, amendments, alterations or updates, you agree to be bound by such modifications, amendments, alterations or updates. Therefore, you should periodically visit this page to review our most current Terms of Use.

You may access the current version of these Terms of Use at any time by clicking on the link marked “Terms of Use” at the bottom of each page of the Website.

PRIVACY POLICY

In the course of your use of the Website, you may be asked to provide certain personalized information to us (such information referred to hereinafter as “User Information”).  Our information collection and use policies with respect to the privacy of such User Information are set forth in the Website’s Privacy Policy which is incorporated herein by reference for all purposes.  You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date. 

INTELLECTUAL PROPERTY RIGHTS

Pipe Exchange respects the intellectual property rights of others. As between you and Pipe Exchange, and except any User Information which you provide, all rights, title and interests in the Website, including all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Website, and the compilation of the content, code, data and materials on the Website, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein (collectively the “Content”) are owned by Pipe Exchange or by third parties who have licensed or provided their Content to us. The Website is protected under Trademarks (as defined below), copyright, patent, trade secret and other intellectual property rights laws, and your use of the Website does not grant to you ownership of any Content you may access on the Website. You are prohibited from using the Website to infringe or violate any intellectual property rights. Pipe Exchange may terminate your right to access the Website if it believes you are using the Website in a manner that infringes the copyright, trademark, patent or other intellectual property rights of another.

We may investigate occurrences that may involve violations of the security of the Services or of the law and we may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Website or on content available through the Website are registered and unregistered Trademarks of ours and others and may not be used unless authorized by the trademark owner.  All Trademarks not owned by us that appear on the Website or on or through the Website’s services, if any, are the property of their respective owners.  Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without our written permission or that of the third-party rights holder.  Your misuse of the Trademarks displayed on the Website is strictly prohibited.  Pipe Exchange will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.

PERSONAL USE ONLY

The Website and the Content are intended for your personal use.  You may access and view the content on the Website via your computer or other internet compatible device, and make single copies or prints of the content on the Website for your personal, internal use only.   The Website and the services offered on or through the Website, including Pipe Exchange’s e-publication and any other content and materials thereon, are only for your personal, non-commercial use. Except as otherwise provided on the Website, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, sell, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. Use of the Website to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales is expressly forbidden.

PROHIBITED USE

Any commercial distribution, publishing or exploitation of the Website, or any content, code, data or materials on the Website, is strictly prohibited unless you have received the express prior permission of Pipe Exchange or the applicable rights holder.  You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Website.  If you make other use of the Website, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.  Pipe Exchange will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

SECURITY

You are prohibited from violating, or attempting to violate the security of the Website. Any such violations may result in criminal and civil liabilities to you.  You warrant and agree that, while using the Website and the various services and features offered on or through the Website, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Website’s content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes or take any action that would constitute or could be interpreted as an endorsement or sponsorship by Pipe Exchange of any third party site, content, information or other materials, or in any manner that would violate the terms and conditions of any such third party sites; (c) attempt to probe, scan, or test the vulnerability of any system or network; or (d) attempt to gain unauthorized access to data not intended for you and/or other computer systems through the Website.  You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Website or for any services or features offered on or through the Website, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Website or the services offered on or through the Website, including, without limitation, any information residing on any server or database connected to the Website or any services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the Website through any means; (iii) use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, or impair the Website or such services, including, without limitation, sending mass unsolicited messages or “flooding,” “spamming,” or “crashing” any systems; (iv) use the Website or the Website’s services or features in violation of Pipe Exchange’s or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Website or the Website’s services in violation of any applicable law.  You further agree that you may not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website or the Website’s services, or any content thereof, or make unauthorized use thereof.  You agree that you will not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website. Pipe Exchange will investigate any alleged violations and will cooperate with law enforcement agencies in their investigations.

THIRD-PARTY CONTENT

Some of the information and material available through the Website are provided to Pipe Exchange by third parties (“Third-Party Material”). In some instances, the source of the Third-Party Material is identified. Third-Party Material is provided for your convenience only and Pipe Exchange does not endorse these materials or the parties who supply them to us. Pipe Exchange does not warrant or represent that these Third-Party Materials are current, accurate or reliable.

COPYRIGHT AGENT

We respect the intellectual property rights of others, and require that the people who use the Website do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Pipe Exchange’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

  • Your address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  • For all email submissions please include the subject line: DMCA Takedown Request.

 

Pipe Exchange has adopted a policy of terminating, in appropriate circumstances, accounts of users of the services or the Website who are deemed to have repeatedly uploaded content that infringes the intellectual property rights of others.

 

Copyright Agent:

Pipe Exchange Legal

c/o Pipe Exchange LLC

14025 West Road.
Suite #100
Houston, TX 77041

Phone: + (713) 934-9480

Email: dmca@pipexch.com

DISCLAIMER OF WARRANTIES

THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER. PIPE EXCHANGE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. PIPE EXCHANGE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS FOUND OR CONTAINED ON THE WEBSITE. PIPE EXCHANGE DOES NOT WARRANT THAT THE WEBSITE, THE CONTENT, OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT YOU OBTAIN MATERIAL THROUGH THE USE OF THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS.

ALL MATERIAL CONTAINED IN THE WEBSITE IS FOR GENERAL INFORMATION ONLY, HAS NOT BEEN INDEPENDENTLY VERIFIED, HAS NOT BEEN RECOMMENDED BY ANY FEDERAL OR STATE REGULATORY AUTHORITY AND MAY CONTAIN ERRORS OR OMISSIONS OF MATERIAL INFORMATION. THE MATERIAL AND INFORMATION CONTAINED ON THE WEBSITE SHOULD NOT, THEREFORE, BE USED OR RELIED UPON FOR ANY SPECIFIC REASON OR APPLICATION WITHOUT INDEPENDENT COMPETENT PROFESSIONAL EXAMINATION AND VERIFICATION OF ITS ACCURACY, COMPLETENESS, SUITABILITY AND APPLICABILITY. ANYONE MAKING USE OF THE MATERIAL DOES SO AT HIS/HER/ITS OWN SOLE AND EXCLUSIVE RISK AND ASSUMES ANY AND ALL ACTUAL OR POTENTIAL DAMAGE OR LIABILITY RESULTING FROM SUCH USE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL PIPE EXCHANGE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE MATERIAL ON THE WEBSITE OR SITES LINKED TO THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PIPE EXCHANGE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TERMINATION

Pipe Exchange may terminate, change, suspend or discontinue any aspect of the Website or the Website’s services at any time.  Pipe Exchange may restrict, suspend or terminate your access to the Website and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability.  Pipe Exchange maintains a policy that provides for the termination in appropriate circumstances of the Website use privileges of users who are repeat infringers of intellectual property rights.

USER’S REMEDY

If you are dissatisfied with any portion of the Website or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Website.

GOVERNING LAW AND VENUE

These Terms of Use and the relationship between you and Pipe Exchange shall be governed by the laws of the United States and the State of Florida without regard to its conflict of law provisions. You hereby irrevocably submit and consent to the personal and exclusive jurisdiction of the courts located within Miami-Dade County, Florida and agree that any cause of action that may arise under these Terms of Use and all disputes arising out of or relating to the use of the Website shall be commenced and be heard in the appropriate court in Miami-Dade County, Florida. The failure of Pipe Exchange to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. 

QUESTIONS ABOUT TERMS OF USE

If you have any questions regarding these Terms of Use, please either:

Send an email to sales@pipexch.com

Write to Pipe Exchange at the following address:

14025 West Road

Suite 100

Houston, TX 77041