Marine Well Containment Company
Effective Date of Privacy Statement: September 29, 2010 Last Updated: January 31, 2012
IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY
For convenience and simplicity in this Web site, terms like company, our, we and its are sometimes used as abbreviated references to specific affiliates or affiliate groups. Similarly, Marine Well Containment Company has business relationships with many customers, suppliers, governments, and others. For convenience and simplicity, words like venture, joint venture, partnership, co-venturer, and partner are used to indicate business relationships involving common activities and interests, and those words may not indicate precise legal relationships.
1) Changes and Special Additional Terms and Conditions
Marine Well Containment Company may revise the General Terms at any time without notice. You should revisit this Site periodically to make sure you are aware of the most recent General Terms because they will be binding on you. Your use of the Site or Services after such changes constitutes your agreement to such changes.
You are advised to check each page you visit on the Site. Some locations may have special additional terms and conditions that apply to use of or interaction with that location. These terms and conditions may also be changed at any time without notice. Your use of that location constitutes your acceptance of those special additional terms and conditions.
2) Use of the Site
A. Site Security. You are prohibited from violating, or attempting to violate, the security of the Site or Services. Any such violations may result in criminal and civil liabilities to you. We will investigate any alleged violations, and, if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the Site and Services include, without limitation, the following:
Logging into or attempting to log into a server or account that you are not authorized to access; Accessing data or taking any action to obtain services not intended for you or your use; Attempting to probe, scan, or test the vulnerability of any system, subsystem or network; Tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures without proper authorization;
Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the Site or Services;
Interfering with, intercepting or expropriating any system, data or information; or Interfering with service to any user, host, or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system.
B. "Spam" and Similar Actions. You are prohibited from transmitting the same or similar unsolicited e-mail messages, bulk commercial advertising, or chain letters to one or more e-mail groups (which are two or more e-mail addresses aggregated as a single e-mail addressee).
C. Infringement. You are prohibited from using the Site or Services to infringe on any person's copyright, trademark, patent or other intellectual property rights. We may terminate your right to access the Site and Services if we believe you are using the Site and Services in a manner that infringes the copyright, trademark, patent or other intellectual property rights of another. You may be ordered by a court to pay money damages to us and to the rightful owner of any intellectual property rights you violate.
D. Other Prohibited Actions. In using the Site or Services, you must not:
Post, e-mail, link or otherwise transmit or use the Site or Services in furtherance of any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of another person's privacy or other rights, or any material that Marine Well Containment Company in its sole discretion does not wish posted or transmitted on the Site and Services; Continue to send e-mail to a recipient who has indicated that he/she does not wish to receive a communication from you; Engage in and/or encourage conduct that would: 1) violate any applicable law or regulation or 2) give rise to civil liability; Engage in conduct which could damage or impair the intended operability of the Site or the Services. Impersonate any individual or entity, falsely state or otherwise misrepresent your identity or affiliation in any way, or forge, delete or alter any part of TCP/IP packet header information in any e-mail or other posting; Engage in deceptive online marketing; or Assist or permit any persons in engaging in any of the activities described above.
E. Your Content. You must exercise caution, good sense and proper judgment in using the Site and Services. You are responsible for any material you place on or transmit to or through the Site or Services. You agree, represent and warrant that any information you post to or transmit through the Site or Services is truthful, accurate, not misleading and offered in good faith, and that you have the right to post or transmit such information. Such information (including without limitation, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility. Any material that you place on or transmit to or through the Site or Services will not be considered to be confidential or proprietary.
F. This web site is a public resource for general information. You agree that use of any information obtained via the Site or Services is at your own risk.
G. Consequences of Unacceptable Use. We reserve the right (but not the obligation) in our sole discretion to refuse or delete any of your content as well as suspend or terminate without notice your access to the Site and Services upon a violation or attempted violation of this Agreement. Indirect or attempted violations of this Agreement, and actual or attempted violations by a third party acting on your behalf, shall be deemed violations by you of this Agreement. Furthermore, it is a violation of this Agreement to use the services of another company for the purpose of facilitating any of the activities which violate this Agreement if such use of another company's service could reasonably be expected to adversely affect the Site and Services any manner.
H. No Licensing. By your use of the Site or the Services you receive no license, express or implied, under any patent rights or trade secret rights now or hereafter, owned, controlled or possessed by Marine Well Containment Company.
I. Printing. You may download and print one copy of content on this Site for your personal non-commercial use, or in connection with your purchase of any Marine Well Containment Company products, provided that you leave any copyright or trademark information intact and unchanged. Other than as specifically set out in this paragraph you may not copy (whether by printing off onto paper, storing on disk, placing on another site, downloading in any other way), distribute (including distributing copies), broadcast, alter or tamper with in any way any portion of this Site.
3) Trademark and Copyright
MWCS, MWCC, MARINE WELL CONTAINMENT COMPANY, and certain other brands, trademarks and services marks are marks of Marine Well Containment Company and its affiliates. Not all marks of Marine Well Containment Company will appear on this Site and not all products or services listed on this Site are available for sale in every country. Some products or services may be marketed under local trademarks in specific countries. Marks of third parties may appear on this Site when referring to those entities or their products or services. Third party marks displayed on this site are owned by their respective owners.
The user may forward, distribute, and/or photocopy copyrighted materials of Marine Well Containment Company located on this Site only if the entire relevant page or document is unaltered and complete, including all of their headers, footers, disclaimers, and other information. You may not copy these documents to a Web site.
4) Privacy Statement
Click here to view Marine Well Containment Company Privacy Statement
5) No Warranty
This Site and Services are provided "As Is" and without warranties of any kind, whether express or implied, to the fullest extent permissible pursuant to applicable law, Marine Well Containment Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Marine Well Containment Company does not represent or warrant that the functions or Services contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. Marine Well Containment Company does not make any warranties or representations regarding the use of contents of this Site or Services in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some jurisdictions do not allow exclusion of implied warranties, so the above limitations and exclusions may not apply to you.
6) Limitation of Liability
Marine Well Containment Company shall not be liable to you or any other party for any compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, the Site, the Services or the contents on this Site or the performance of the Site, Services or products described on this Site, even if Marine Well Containment Company has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If you are dissatisfied with any portion of the Site or the Services or with any of these terms, your sole and exclusive remedy is to discontinue using the Site and the Services.
7) Non-Confidentiality of User Materials
You are not to transmit any material to or through this Site that you consider to be confidential or proprietary. Any material which you transmit to or through this Site will be considered non-confidential and non-proprietary and you waive any confidential or proprietary rights to the material you transmit to or through this Site. Except as expressly provided in Marine Well Containment Company's Privacy Statement or separate written agreement between you and Marine Well Containment Company, you give Marine Well Containment Company an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information. You further agree that Marine Well Containment Company has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas which you (and those who act on your behalf) transmit to or through the Site.
8) Use of Third Party Web sites
As a convenience, Marine Well Containment Company may provide links to Web sites operated by third parties. If you decide to access a third party's Web site through a link provided by this Site, you do this at your sole risk. Marine Well Containment Company is not responsible for any viruses or other damaging elements encountered in linking to a third party Web site. Marine Well Containment Company makes no warranty or representation regarding and if not responsible for the linked Web sites or the content of such Web sites.
9) User Communications Areas
The Site may contain areas where users communicate with each other, including but not limited to bulletin boards, calendars, chat areas, blogs or personal web pages.
Marine Well Containment Company has the right but not the obligation to monitor or review any part of the Site or the Services including the user communication areas. However, Marine Well Containment Company shall have no liability related to the content of any communications made in these areas.
10) Disclosure; Forward-Looking Statements
Some of the information on this Site may contain projections or other forward-looking statements regarding future events or the future financial performance of the Company. We wish to caution you that these statements are only predictions and that actual events or results may differ materially. We refer you to the documents the Company files from time to time with the Securities and Exchange Commission, specifically, the Company's most recent Form 10-K, Form 10-Q, and Form 10-Q/A. These documents contain and identify important factors that could cause the actual results to differ materially from those contained in our projections or forward-looking statements, including, among others, potential fluctuations in quarterly results, dependence on new product development; rapid technological and market change, acquisition strategy, manufacturing risks, risks associated with Internet infrastructure, volatility of stock price, financial risk management, and future growth subject to risks.
11) Global Availability/Export Controls
Portions of this Site and Services may be controlled and operated by Marine Well Containment Company from various offices in the United States. Marine Well Containment Company makes no representation that the Site, Services or materials accessed or described on the Site are appropriate or available for use in other locations, and access to them from other countries where there contents are illegal or penalized is prohibited. Access to or use of the Site, Services or materials accessed on or described on the Site by persons or from countries who are sanctioned by the United States is specifically prohibited.
Those who access the Sites or Services so do on their own and are responsible for compliance with all applicable US and local laws. You may not export or re-export any Services, information or materials accessed on or described on this Site except in full compliance with all United States laws and regulations. In particular, you may not export or re-export into (or to a national or resident of) any country to which the United States embargoes or sanctions goods, services or technology, to any person or entity on the U.S. Treasury Department's List of Specially Designated Nationals, the U.S. Bureau of Export Administration Entity List, the U.S. Bureau of Export Administration Denied Persons List or the U.S. Commerce Department's Table of Denial Orders. In addition, you are responsible for complying with any local laws in your country which may impact your right to import, export or use the Site, Services, information, or materials accessed or described on the Site.
12) Indemnity of Company
You agree to indemnify, hold harmless, and defend Marine Well Containment Company (including subsidiaries and affiliates of Marine Well Containment Company, hereinafter "Marine Well Containment Company") as well as Marine Well Containment Company officers, directors and employees, from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys' fees, to the extent that such action is based upon, arises out of, or relates to your violation, or violation by any other person using your password or account of the terms and conditions of this Agreement.
13) Applicable Law and Dispute Resolution
This Agreement shall be governed by the internal substantive laws of the Commonwealth of Virginia, USA (without giving effect to its principles of conflict of laws). Where federal jurisdiction exists over any action, suit or proceeding arising out of or in any way connected with this Agreement, you and Marine Well Containment Company designate the United States District Court for the Eastern District of Virginia, Alexandria Division, for the exclusive resolution of that dispute and submit to the jurisdiction of that court. Where federal jurisdiction does not exist over that action, suit or proceeding, you and Marine Well Containment Company designate the Circuit Court for the County of Fairfax, Virginia, for the exclusive resolution of that dispute and submit to the jurisdiction of that court.
14) Special Note for Parents
Portions of this Site and Services may be of special interest to children but Marine Well Containment Company does not seek through this Site to gather personal information from persons under the age of 17.
15) How to Contact Us
If you have any questions or concerns about the online statement for this Site or its implementation you may contact us at: Robert.Tracy@mwcc-usa.com.