|
SKC Gulf Coast Incorporated ("SKC Gulf Coast")
WEB SITE - TERMS OF USE AND LEGAL RESTRICTIONS
ATTENTION: PLEASE READ THESE TERMS CAREFULLY
BEFORE ACCESSING OR USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU
ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT USE THIS
WEB SITE.
Use of Site. SKC Gulf Coast authorizes you to
view and download the materials at this Web site ("Site") only for your
personal, non-commercial use, provided that you retain all copyright and other
proprietary notices contained in the original materials on any copies of the
materials. You may not modify the materials at this Site in any way or reproduce
or publicly display, perform, or distribute or otherwise use them for any public
or commercial purpose. For purposes of these Terms, any use of these materials
on any other Web site or networked computer environment for any purpose is
prohibited. The materials at this Site are copyrighted and any unauthorized use
of any materials at this Site may violate copyright, trademark, and other laws.
You may print and download portions of material from the different areas of the
Site solely for your own non-commercial use. You agree not to change or delete
any proprietary notices from materials downloaded or printed from the Site. If
you breach any of these Terms, your authorization to use this Site automatically
terminates and you must immediately destroy any downloaded or printed materials.
Modification of Terms. SKC Gulf Coast may modify
these Terms at any time, and such modifications shall be effective immediately
upon posting of the modified Terms. You agree to review these Terms periodically
to be aware of such modifications and your continued access or use of the Site
shall be deemed your conclusive acceptance of the modified Terms.
Use of Software. If you download software from
this Site ("Software"), use of the Software is subject to the license terms in
the Software License Agreement that accompanies or is provided with the
Software. You may not download or install the Software until you have read and
accepted the terms of the Software License Agreement.
Trademarks. Trademarks used or displayed at this
Site are trademarks of SKC Gulf Coast or its affiliates or third party owners.
Nothing contained on this Site is to be construed as granting, by implication, estoppel, or otherwise, any license or right of use of any such trademark
without the prior written permission of SKC Gulf Coast or such third party
owner. The names of various
manufacturers, their instruments, and their products referred to herein may be
protected by trademark or other law, and are used herein solely for purpose of
reference. SKC Gulf Coast expressly disclaims any affiliation with them or
sponsorship by them.
User Submissions. Other than personally
identifiable information, which is covered under the SKC Gulf Coast Privacy
Statement, any material, information or other communication you transmit or post
to this Site ("Communication") is, and will be treated as, non-confidential and
non-proprietary , and may be used by SKC Gulf Coast and its affiliates for any
purpose without compensation to you.
Links To Other Web Sites. Links to third party
Web sites on this Site are provided solely as a convenience to you. If you use
these links, you will leave this Site. SKC Gulf Coast has not reviewed all of
these third party sites and does not control and is not responsible for any of
these sites or their content. Thus, SKC Gulf Coast does not endorse or make any
representations about them, or any information, software or other products or
materials found there, or any results that may be obtained from using them. If
you decide to access any of the third party sites linked to this Site, you do
this entirely at your own risk.
You also understand that SKC Gulf Coast cannot
and does not guarantee or warrant that files available for downloading through
the Site are or will be free of infection or viruses, worms, Trojan horses or
other code that manifest contaminating or destructive properties. You are
responsible for implementing sufficient procedures and checkpoints to satisfy
your particular requirements for accuracy of data input and output, and for
maintaining a means external to the Site for the reconstruction of any lost
data.
Website Language Translations. This website provides translations for your convenience using machine translation software. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. The official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated web site, please refer to the English version of the web site which is the official version.
Disclaimer. YOU ASSUME TOTAL RESPONSIBILITY AND
RISK FOR YOUR USE OF THE SITE. THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED
"AS IS" WITHOUT ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND INCLUDING
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. It is solely your responsibility to
evaluate the accuracy, completeness and usefulness of all opinions, advice,
services, merchandise and other information provided through the Site. SKC Gulf
Coast further does not warrant the accuracy, currency, and completeness of the
materials at this Site. SKC Gulf Coast may make changes to the materials at this
Site, or to the products and prices described in them, at any time without
notice. The materials at this Site may be out of date, and SKC Gulf Coast makes
no commitment to update the materials at this Site. Information published at
this Site may refer to products, programs or services that are not available in
your country or state. SUCH REFERENCES DO NOT IMPLY THAT SKC Gulf Coast INTENDS
TO MAKE THEM AVAILABLE IN YOUR COUNTRY OR STATE. Consult your local SKC Gulf
Coast business contact for information regarding the products, programs and
services that may be available to you. Applicable law may not allow the
exclusion of implied warranties, so the above exclusion may not apply to you.
All orders are subject to acceptance by SKC Gulf Coast. SKC Gulf Coast’
obligations and responsibilities regarding its products are governed solely by
the agreements under which they are sold and licensed.
Limitation of Liability. IN NO EVENT WILL SKC
GULF COAST, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE
LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR
BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS
OF USE OF OR RELIANCE ON THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE
MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, OR ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES AT THE SITE, WHETHER
BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR
INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR
CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW
MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification. You agree to indemnify, defend
and hold harmless SKC Gulf Coast, its officers, directors, employees, agents,
affiliates, licensors, suppliers and any third party information providers to
the Site from and against all losses, expenses, damages and costs, including
reasonable attorneys’ fees, resulting from any violation of these Terms by you.
Miscellaneous. These Terms shall all be governed
and construed in accordance with the laws of the State of Texas applicable to
agreements made and to be performed in the State of Texas. You agree that any
legal action or proceeding between SKC Gulf Coast and you for any purpose
concerning these Terms or the parties’ obligations hereunder shall be brought
exclusively in a federal or state court of competent jurisdiction sitting in the
State of Texas. Any cause of action or claim you may have with respect to the
Site must be commenced within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred. SKC Gulf Coast’s failure to
insist upon, or enforce strict performance of, any provision of these Terms
shall not be construed as a waiver of any provision or right. Neither the course
of conduct between the parties nor trade practice shall act to modify any
provision of these Terms. SKC Gulf Coast may assign its rights and duties under
these Terms to any party at any time without notice to you.
|