This Privacy Policy describes our policies and procedures on the collection, use, and disclosure of your information when you use the Service, and tells you about your privacy rights and how the law protects you.
We use your personal data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this Privacy Policy.
Words whose initial letter is capitalized have definite meanings under the following conditions. The following definitions will have the same meaning regardless of whether they appear in the singular or the plural.
For the purposes of this Privacy Policy:
Collection and Use of Your Personal Data
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to:
When you pay for a product and/or service by bank transfer, we may ask you for information to facilitate this transaction and verify your identity. Such information may include, but is not limited to:
Usage data is collected automatically when you use the Service.
Usage data may include information such as the Internet Protocol address (e.g., IP address) of the device, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers, and other diagnostic data.
When you access the Service through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, the unique ID of your mobile device, the IP address of your mobile device, the mobile operating system you use, the type of mobile Internet browser you use, Unique device identifiers and other diagnostic data.
We may also collect information that your browser sends whenever you visit our Service or when you access the Service through a mobile device.
Tracking Technologies and Cookies
We use cookies and similar tracking technologies to track activity on our Service and store certain information. The tracking technologies used may include beacons, tags, and scripts to collect and track information, as well as improve and analyze our Service. The technologies we use may include:
Cookies or Browser Cookies: A cookie is a small file that is placed on your device. You can instruct your browser to refuse all cookies or to alert you when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some parts of our Service. Unless you have adjusted your browser settings to refuse cookies, our Service may use cookies.
Flash Cookies: Certain features of our Service may use locally stored objects (or flash cookies) to collect and store information about your preferences or activity on our Service. Flash cookies are not managed by the same browser settings that are used for browser cookies. For more information on how you can delete Flash cookies, see “Where can I change my settings to disable or delete local shared objects?” available on Adobe’s website.
Web beacons: Certain sections of our Service and our emails may contain small electronic files known as web beacons (also called clear gifs, pixel tags, and single-pixel gifs) that allow the Company, for example, to count users who have visited those pages or opened an email, and to obtain statistics related to the website (e.g., record the popularity of a certain section and check the integrity of the system and server).
Cookies can be “Persistent” or “Session”. Persistent cookies remain on your personal computer or mobile device when you are offline, while session cookies are deleted as soon as you close your web browser. You can learn more about cookies in the article on the TermsFeed website.
We use both session cookies and persistent cookies for the following purposes:
The Company may use personal data for the following purposes:
We may share your personal information in the following situations, excluding any partners, providers, or other entities that would use personal information for promotional or marketing purposes:
The Company will retain your personal data only for as long as necessary for the purposes set out in this Privacy Policy. We will retain and use your personal data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
In addition, the Company will retain usage data for internal analysis purposes. Generally, usage data is retained for a shorter period of time, except when used to strengthen the security or improve the functionality of our service, or when we are legally obliged to retain such data for longer periods.
Your information, including personal data, is processed at the Company’s operational offices and any other place where the parties involved in the process are located. This means that this information may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction where data protection laws may differ from those in your jurisdiction.
Your consent to this Privacy Policy, followed by your submission of such information, represents your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy, and your personal data will not be transferred to an organization or country unless there are adequate controls in place, including the security of your data and other personal information.
If the Company is involved in a merger, acquisition or sale of assets, your personal data may be transferred. We will provide you with notice before your personal data is transferred and is subject to a different Privacy Policy.
Under certain circumstances, the Company may be required to disclose your personal data if required to do so by law or in response to valid requests from public authorities (e.g. a court or government agency).
The Company may disclose your personal data in the good faith belief that such action is necessary to:
The security of your personal data is important to us, but remember that no method of transmission over the Internet or electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal data, we cannot guarantee absolute security.
The service providers we use may have access to your personal data. These third-party providers collect, store, use, process and transfer information about your activity on our service in accordance with their privacy policies.
We may use third-party service providers to monitor and analyze the use of our service.
Google Analytics is a web analytics service offered by Google that tracks and generates reports on website traffic. Google uses the collected data to track and monitor the use of our service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
You can opt out of making your activity on the Service available to Google Analytics by installing the Google Analytics opt-out add-on in your browser. This add-on prevents Google Analytics JavaScript code (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visit activity.
For more information about Google’s privacy practices, please visit the Google Privacy & Terms webpage: https://policies.google.com/privacy
We may use service providers to display advertisements that help you maintain and support our service.
Google, as a third-party provider, uses cookies to display ads on our service. Google’s use of the DoubleClick cookie allows it and its partners to display ads to our users based on their visit to our service or other websites on the Internet.
You can opt out of the use of the DoubleClick cookie for interest-based advertising by visiting Google’s Ads Settings page: http://www.google.com/ads/preferences/
We may use your personal data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any or all of these communications from us by following the unsubscribe link or instructions provided in any email we send you or by contacting us.
We may use email marketing service providers to manage and send emails.
Their Privacy Policy can be found at https://www.twilio.com/legal/privacy
We may offer paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).
We will not store or collect your payment card details. That information is provided directly to our third-party payment processors, whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS, as administered by the PCI Security Standards Council, which is a joint effort of brands such as Visa, Mastercard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
When you use our Service to pay for a product and/or service by bank transfer, we may ask you to provide information to facilitate this transaction and verify your identity.
The Company uses remarketing services to show you ads after you have accessed or visited our Service. We and our third-party vendors use cookies and non-cookie-based technologies to help us recognize your device and understand how you use our Service, so that we can improve our Service and display ads that are likely to be of most interest to you.
These third-party providers collect, store, use, process and transfer information about your activity on our Service in accordance with their privacy policies and to allow us to:
Some of these third-party providers may use non-cookie-based technologies that are not affected by browser settings that block cookies. Your browser may not allow you to block such technologies. You can use the following third-party tools to opt out of the collection and use of information to show you interest-based advertising:
You can opt out of personalized advertising by enabling privacy features on your mobile device, such as Limit Ad Tracking (iOS) and Turn Off Ad Personalization (Android). Check your mobile device’s help system for more information.
We may share information, such as encrypted email addresses (if available) or other online identifiers collected on our Service, with these third-party vendors. This allows our third-party vendors to recognize and show you ads across different devices and browsers. For more information about the technologies used by these third-party providers and their cross-device capabilities, please refer to each provider’s privacy policy below.
The third-party providers we use are:
The Google Ads (AdWords) remarketing service is provided by Google Inc.
You can opt out of Google Analytics for display advertising and personalize Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads
Google also recommends installing the Google Analytics opt-out browser add-on, available on https://tools.google.com/dlpage/gaoptout. This add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
For more information about Google’s privacy practices, please visit Google’s Privacy & Terms page: https://policies.google.com/privacy
Facebook’s remarketing service is provided by Facebook Inc.
You can learn more about Facebook’s interest-based advertising by visiting this page: https://www.facebook.com/help/516147308587266
To opt out of receiving interest-based ads from Facebook, follow these instructions provided by Facebook: https://www.facebook.com/help/568137493302217
Facebook complies with the Self-Regulatory Principles for Online Behavioral Advertising set forth by the Digital Advertising Alliance. You may also opt out of receiving interest-based ads from Facebook and other participating companies through the Digital Advertising Alliance in the U.S. http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or through your mobile device settings.
For more information about Facebook’s privacy practices, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation
We may use third-party service providers to improve our Service.
We use an invisible captcha service called reCAPTCHA. reCAPTCHA is operated by Google.
The reCAPTCHA service may collect information from you and your device for security purposes.
The information collected by reCAPTCHA is treated in accordance with Google’s Privacy Policy: https://www.google.com/intl/es/policies/privacy/
This California Resident Privacy Notice section supplements the information contained in our Privacy Policy and applies solely to all visitors, users, and others residing in the State of California.
We collect information that identifies, relates to, describes, references, can be associated with, or could be linked, directly or indirectly, with a particular consumer or device. Below is a list of categories of personal information that we may collect or that have been collected from California residents in the past twelve (12) months.
Please note that the categories and examples provided in the following list are those defined in the CCPA. This does not mean that all examples of that category of personal information have been collected by us, but it reflects our good faith and, to the best of our knowledge, that some information of that category has been collected. For example, certain categories of personal information would only be collected if you directly provided that personal information to us.
Examples: Real name, alias, mailing address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, driver’s license number, passport number, or other similar identifiers.
Collected: Yes.
Examples: Name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state ID number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number or other financial information, medical information or health insurance information. Some personal data included in this category may coincide with other categories.
Collected: Yes.
Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including family genetic information).
Collected: No.
Examples: Records and history of products or services purchased or considered.
Collected: Yes.
Examples: Genetic, physiological, behavioral, and biological characteristics or activity patterns used to extract a template or other identifier or identifying information, such as fingerprints, facial and voice recognition, iris or retinal scans, physical patterns such as the way you write or walk, and sleep, health, or exercise data.
Collected: No.
Examples: Interaction with our service or advertising.
Collected: Yes.
Examples: Approximate physical location.
Collected: No.
Examples: Auditory, electronic, visual, thermal, olfactory or similar information.
Collected: No.
Examples: Current or past work history or performance evaluations.
Collected: No.
Examples: Educational records directly related to a student maintained by an educational institution or a party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
Collected: No.
Examples: A profile that reflects a person’s preferences, characteristics, psychological tendencies, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Collected: No.
Under CCPA, personal information does not include:
We obtain the categories of personal information listed above from the following categories of sources:
We may use or disclose the personal information we collect for “business” or “business” purposes (as defined in the CCPA), which may include the following examples:
Please note that the examples provided above are illustrative and are not intended to be exhaustive. For more details on how we use this information, please see the “Use of your personal data” section.
If we decide to collect additional categories of personal information or use the personal information we collect for materially different, unrelated or incompatible purposes, we will update this Privacy Policy.
We may use or disclose, and may have used or disclosed in the past twelve (12) months, the following categories of personal information for business or business purposes:
Please note that the categories listed above are those defined in the CCPA. This does not mean that all examples of that category of personal information have been disclosed, but it reflects our good faith belief, to the best of our knowledge, that some of that information of the relevant category has been disclosed.
When we disclose personal information for commercial or business purposes, we enter into a contract that describes the purpose and requires the recipient to keep that personal information confidential and not use it for any purpose other than the performance of the contract.
As defined by the CCPA, “sell” and “sale” mean selling, renting, disclosing release, disseminating, making available, transferring, or otherwise communicating, orally, in writing, or by electronic or other means, a consumer’s personal information by business to a third party in exchange for valuable consideration. This means that we may have received some kind of benefit in exchange for sharing personal information, but not necessarily a monetary benefit.
Please note that the categories listed below are those defined in the CCPA. This does not mean that all examples of that category of personal information have been sold, but it reflects our good faith belief, to the best of our knowledge, that some of that information in the relevant category has been shared in exchange for a value.
We may sell and have sold in the last twelve (12) months the following categories of personal information:
We may share your personally identifiable information in the categories listed above with the following categories of third parties:
We do not knowingly collect personal information from children under the age of 16 through our Service, although some third-party websites to which we link may do so. These third-party websites have their own terms of use and privacy policies, and we encourage parents and legal guardians to monitor their children’s internet usage and instruct them never to provide information on other websites without their permission.
We do not sell the personal information of Consumers who we know to be under the age of 16, unless we receive affirmative authorization (the “right to opt-in”) from the Consumer who is between the ages of 13 and 16, or from the parent or guardian of a Consumer under the age of 13. Consumers who choose to participate in the sale of personal information may opt out of future sales at any time. To exercise the right to opt out, you (or your authorized representative) may submit a request through our contact.
If you have reason to believe that a child under the age of 13 (or 16) has provided us with personal information, please contact us providing sufficient detail so that we can delete that information.
The CCPA gives California residents specific rights regarding their personal information. If you are a California resident, you have the following rights:
To exercise any of your rights under the CCPA, if you are a California resident, you may contact us:
Visit this page on our website: https://www.phoenixenergy.com/contact/
Only you, or a person registered with the California Secretary of State whom you authorize to act on your behalf, may make a verifiable request regarding your personal information.
Your application must:
We cannot respond to your request or provide you with the required information if we are unable to:
We will disclose and deliver the required information free of charge within 45 days of receiving your verifiable request. The time period for providing the required information may be extended once for another 45 days when reasonably necessary and with prior notice.
Any disclosures we provide will only cover the 12-month period prior to receipt of the verifiable request.
For data portability requests, we will select a format for providing your personal information that is easily usable and that allows you to transmit the information from one entity to another without hindrance.
You have the right to opt out of selling your personal information. Once we receive and confirm a verifiable consumer request from you, we will stop selling your personal information. To exercise your right to opt out of selling, please contact us.
Service providers with whom we collaborate (for example, our analytics or advertising partners) may use technology in the service that sells personal information as defined by the CCPA. If you wish to opt-out of the use of your personal information for interest-based advertising and potential sales purposes as defined by the CCPA, you may do so by following the instructions below.
Please note that any opt-out is specific to the browser you use. You may need to opt out for each browser you use.
You may opt out of receiving personalized advertisements provided by our service providers by following the instructions presented on the service:
Opting out will place a cookie on your computer that is unique to the browser you use to opt out. If you change browsers or delete cookies saved by your browser, you will need to opt out again.
Your mobile device may give you the option to opt out of using information about the apps you use to show you ads targeted to your interests:
You can also stop the collection of location information from your mobile device by changing the preferences on your device.
“Do Not Track” Policy as required by the California Online Privacy Protection Act (CalOPPA)
Our service does not respond to “Do Not Track” signals.
However, some third-party websites track your browsing activities. If you visit these types of websites, you can set your preferences in your web browser to inform the websites that you do not want to be tracked. You can enable or disable the “Do Not Track” option by visiting your web browser’s preferences or settings page.
Our service is not directed to anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you become aware that your child has provided us with personal data, please contact us. If we become aware that we have collected personal data from someone under the age of 13 without verification of parental consent, we take steps to remove that information from our servers.
If we need to rely on consent as a legal basis for processing your information and your country requires parental consent, we may need your parent’s consent before collecting and using that information.
In accordance with California Civil Code Section 1798 (California Shine the Light Act), California residents who have an established business relationship with us may request information once a year about the sharing of their personal data with third parties for those third parties’ direct marketing purposes.
If you wish to request more information under California’s Shine the Light law and are a California resident, you may contact us using the contact information provided below.
California Business and Professions Code Section 22581 permits California residents under the age of 18, who are registered users of websites, services, or online applications, to request and obtain removal of content or information they have publicly posted.
To request deletion of such data, if you are a California resident, you may contact us using the contact information provided below and include the email address associated with your account.
Please note that your request does not guarantee complete or comprehensive removal of content or information posted online, and that removal may not be permitted or required by law in certain circumstances.
Our service may contain links to other websites that are not operated by us. If you click on a third-party link, you will be redirected to that third-party site. We strongly encourage you to review the privacy policy of each website you visit.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of third-party sites or services.
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
We will inform you by email and/or by means of a prominent notice on our service prior to the change becoming effective and update the “Last Updated” date at the top of this Privacy Policy.
It is recommended that you review this Privacy Policy periodically for changes. Changes to this Privacy Policy will be effective when posted on this page.
If you have any questions about this Privacy Policy, you can contact us:
Phoenix Energy One, LLC doing business as Phoenix Energy (the “Company”) conducts offerings pursuant to Rule 506(c) of Regulation D under the Securities Act of 1933, as amended (the “Securities Act”). Offerings under Regulation D are exempt from the registration requirements of the Securities Act. Importantly, only “accredited investors”, as such term is defined in Rule 501 of Regulation D., may invest in Rule 506(c) offerings. For the avoidance of doubt, individuals (i.e., natural persons) may qualify as “accredited investors” based on wealth and income thresholds, as well as other measures of financial sophistication. For example, individuals may qualify as “accredited investors” if they have (i) net worth over $1 million, excluding primary residence (individually or with spouse/partner), or (ii) income over $200,000 (individually) or $300,000 (with spouse/partner) in each of the prior two years, and reasonably expect the same for the current year. In addition, certain entities (i.e., not natural persons) may qualify as “accredited investors.” The Company has posted a private placement memorandum (together with any related amendments and supplements thereto, the “private placement memorandum”) on its website, which can be accessed via the following link: https://phoenixenergy.com/investment-offerings/. Before you invest, you should read the private placement memorandum in full for more information about the Company and offering, including the risks associated with the business and securities and the definition of “accredited investor” included therein.
While the Company may use general solicitation and general advertising with respect to its Rule 506(c) offerings, which may be conducted through a number of different means, including, among others, the internet, social media, seminars/webinars, and print, the Company will take reasonable steps to verify that the purchasers investing in such offerings are “accredited investors.” To that end, investors wishing to purchase securities in such offerings will be required to provide certain supporting materials and other information to the Company for the purpose of verifying “accredited investor” status. Any investment decision will be made only on the basis of the information included in, and for the securities described in, the private placement memorandum. This presentation and the private placement memorandum relate only to securities being sold by the Company pursuant to Rule 506(c) of Regulation D.
Investors in the Company’s offerings will not be clients of the Company or Dalmore Group, LLC (“Dalmore”), a registered broker-dealer and member FINRA/SIPC. Dalmore’s role is to facilitate back office and regulatory functions related to the Company’s offerings under Regulation D and Dalmore acts only as the broker/dealer of record for the Company’s offerings under Regulation D. Dalmore is not providing investment advice or recommendations, or legal or tax advice. Dalmore and the Company are not affiliates.
Investing is subject to risks and should be made only by persons or entities able to bear the risk of and to withstand the total loss of their investment. Investors should always conduct their own due diligence and consult with a reputable financial advisor, attorney, accountant, and any other professional that can help them to understand and assess the risks associated with any investment opportunity. Major risks, including those related to the potential loss of some or all principal, are disclosed in the private placement memorandum for the Company’s offerings under Regulation D. Private placements are speculative and illiquid. Past performance is not indicative of future results.
The materials set forth on the Company’s website and presentations were prepared by the Company and the analyses contained therein are based, in part, on certain assumptions made by and information obtained from the Company and/or from other sources. The information may not be comprehensive and has not been subject to any independent audit or review. The Company’s internal estimates have not been verified by an external expert, and we cannot guarantee that a third party using different methods would obtain or generate the same results. The Company does not make any representation or warranty, express or implied, in relation to the fairness, reasonableness, adequacy, accuracy or completeness of the information, statements or opinions, whichever their source, contained in such materials or any oral information provided in connection with its presentations or discussions with investors, or any data it generates, and accepts no responsibility, obligation or liability (whether direct or indirect, in contract, tort or otherwise) in relation to any of such information. The information and opinions contained in the materials are provided as of the date specified therein, are subject to change without notice and do not purport to contain all information that may be required to evaluate the Company. The Company and its affiliates, officers, employees and agents expressly disclaim any and all liability which may be based on the materials and any errors therein or omissions therefrom. Neither the Company nor any of its affiliates, officers, employees or agents makes any representation or warranty, express or implied, that any transaction has been or may be effected on the terms or in the manner stated in the materials, or as to the achievement or reasonableness of estimates, prospects or returns, if any. You are cautioned not to give undue weight to such estimates. Numerical figures in the materials have been subject to rounding adjustments. Accordingly, numerical figures shown as totals in various tables may not be arithmetic aggregations of the figures that precede them.
The materials include forward looking statements that reflect the Company’s current views with respect to, among other things, the Company’s growth, operations and financial performance. Forward looking statements include all statements that are not historical facts. These forward looking statements relate to matters such as the Company’s industry, business strategy, goals, and expectations concerning our market position, future operations, margins, profitability, capital expenditures, liquidity, and capital resources and other financial and operating information. These forward-looking statements are generally identifiable by forward looking terminology such as “expect,” “believe,” “anticipate,” “outlook,” “could,” “target,” “project,” “intend,” “plan,” “seek,” “estimate,” “should,” “will,” “approximately,” “predict,” “potential,” “may,” and “assume,” as well as variations of such words and similar expressions referring to the future. Oral information provided in connection with the Company’s presentations or discussions with investors may similarly include forward looking statements.
The forward looking statements contained in the materials, including but not limited to any outlook, targets or projections, are based on management’s current expectations and are not guarantees of future performance. The forward looking statements are subject to various risks, uncertainties, assumptions, or changes in circumstances that are difficult to predict or quantify. For example, projections included in the materials assume the Company has continued access to adequate sources of capital to fund operations. The Company’s expectations, beliefs, and projections are expressed in good faith, and the Company’s management believes there is a reasonable basis for them. However, there can be no assurance that management’s expectations, beliefs, and projections will result or be achieved.
Actual results may differ materially from these expectations due to changes in global, regional, or local economic, business, competitive, market, regulatory, and other factors, many of which are beyond our control. Management believes that these factors include but are not limited to the risk factors the Company has identified in its offering circular under “Risk Factors.” 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. The Company may not actually achieve the plans, intentions or expectations disclosed in such forward looking statements and you should not place undue reliance on the Company’s forward looking statements. The Company undertakes no obligation to publicly update or revise any forward looking statement, whether as a result of new information, future developments or otherwise, except as may be required by any applicable securities laws.
The SEC generally permits oil and gas companies, in filings made with the SEC, to disclose proved reserves, which are reserve estimates that geological and engineering data demonstrate with reasonable certainty to be recoverable in future years from known reservoirs under existing economic and operating conditions, and certain probable and possible reserves that meet the SEC’s definitions for such terms. The Company discloses estimated proved reserves and estimated probable reserves in its filings with the SEC. The Company’s estimated reserves are prepared by the Company’s internal reservoir engineer and comply with definitions promulgated by the SEC. These estimated reserves are not audited by an independent petroleum engineering firm. Additional information on the Company’s estimated reserves is contained in the Company’s filings with the SEC. In these materials, the Company may use the terms “resources,” “resource potential” or “potential resources,” which SEC guidelines prohibit issuers from including in filings with the SEC. “Resources,” “resource potential” or “potential resources” refer to the Company’s internal estimates of hydrocarbon quantities that may be potentially discovered through exploratory drilling or recovered with additional drilling or recovery techniques. Such terms do not constitute reserves within the meaning of the Standards Pertaining to the Estimating and Auditing of Oil and Gas Reserves Information promulgated by the Society of Petroleum Engineers or SEC rules and do not include any proved reserves. Actual quantities that may be ultimately recovered will differ substantially. Factors affecting ultimate recovery include the scope of drilling programs, which will be directly affected by the availability of capital, drilling and production costs, availability of drilling services and equipment, drilling results, lease expirations, transportation constraints, regulatory approvals and other factors and actual drilling results, including geological and mechanical factors affecting recovery rates. Estimates may change significantly as development of properties provides additional data. In addition, our production forecasts and expectations for future periods are dependent upon many assumptions, including estimates of production, decline rates from existing wells and the undertaking and outcome of future drilling activity, which may be affected by significant commodity price declines or drilling cost increases. Estimated proved reserves and estimated probable reserves do not represent or measure the fair value of the respective properties or the fair market value at which a property or properties could be sold. In the event of any such sale, proceeds to the Company may be significantly less than the value of the estimated reserves.
Certain materials contain “non-GAAP financial measures” that are financial measures that either exclude or include amounts that are not excluded or included in the most directly comparable measures calculated and presented in accordance with accounting principles generally accepted in the United States (“GAAP”). Specifically, the Company presents “EBITDA” as a supplemental measure of financial performance that is not required by, or presented in accordance with, GAAP. The Company believes this measure can assist investors in comparing the Company’s operating performance across reporting periods on a consistent basis by excluding items that it does not believe are indicative of its core operating performance. Management believes these non GAAP measures are useful in highlighting trends in the Company’s operating performance, while other measures can differ significantly depending on long term strategic decisions regarding capital structure, capital investments, etc. Management uses these non-GAAP measures to supplement GAAP measures of performance in the evaluation of the effectiveness of the Company’s business strategies and to make budgeting decisions. Management supplements GAAP results with non-GAAP financial measures to provide a more complete understanding of the factors and trends affecting the business than GAAP results alone provide. However, this measure should not be considered as an alternative to net income (loss) as a measure of financial performance or cash provided by operating activities as a measure of liquidity, or any other performance measure derived in accordance with GAAP. The presentation of this measure has limitations as an analytical tool and should not be considered in isolation, or as a substitute for the Company’s results as reported under GAAP.
The Phoenix Energy designed logo, and our other registered or common law trademarks, service marks, or trade names appearing in the materials are the property of the Company. Solely for convenience, trademarks, tradenames, and service marks referred to in the materials appear without the ®, TM, and SM symbols, but those references are not intended to indicate, in any way, that the Company will not assert, to the fullest extent under applicable law, its rights to these trademarks, tradenames, and service marks. The materials may contain additional trademarks, tradenames, and service marks of other companies that are the property of their respective owners. The Company does not intend our use or display of other companies’ trademarks, trade names, or service marks to imply relationships with, or endorsement or sponsorship of the Company by, these other companies.
An Investment in this or any offering is highly speculative and suitable only for persons or entities bonds, evaluate the risks of the investment and an investment should be made only by persons or entities able to bear the risk of and to withstand the total loss of their investment. Prospective investors should consider the following risks, as well as the other risk factors set forth in our offering materials before bonds, to purchase our bonds.
Risks Related to the Bonds and to this Offering Include, Among Other Risks:
Risks Related to Our Business and Operations Include, Among Other Risks:
Phoenix Capital Group Holdings, LLC is now Phoenix Energy One, LLC doing business as Phoenix Energy.