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Terms And Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS
SITE. This Web site (the "Site") is provided by J. Ray
McDermott, Inc., ("JRM"). BY USING THIS SITE, YOU SIGNIFY
YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS AS WELL AS
ALL OTHER POLICIES DESCRIBED IN THE SITE.
JRM reserves the right, at our sole discretion, to change these
terms without further notice. Use of the Site after any such changes
constitutes acceptance of the new terms. Please do not use or download
materials from this Site if you do not agree to abide to these or
future terms.
JRM may remove, modify or otherwise change any content, including
that of third parties, on or from this Site. JRM may impose limits
on certain services or restrict access to parts or all of the Site
without notice or liability. JRM may terminate your use of the Site
at any time in its sole discretion.
These terms apply exclusively to your access to and use of the
Site and do not alter the terms or conditions of any other agreement
you may have with JRM.
Proprietary Rights
Copyrights
JRM owns or has a license to use the copyrights in all contents
of this Site, including but not limited to design, text, software,
technical drawings, configurations, graphics, other files, and their
selection and arrangement. The contents of this Site may not be
modified, copied, distributed, framed, reproduced, republished,
downloaded, displayed, posted, transmitted, or sold in any form
or by any means, in whole or in part, without JRM's prior written
permission.
Trademarks
Trademarks of JRM and its affiliates may not be copied, imitated,
or used, in whole or in part, without the prior written permission
of JRM. Other trademarks, registered trademarks, product names,
and company names or logos displayed on this Site are the property
of their respective owners.
Limitation on Use of Site
In using this Site, you represent, warrant and covenant that you
shall not upload, post or transmit to or distribute or otherwise
publish through the Site any materials, or take any other actions,
which (i) restrict or inhibit any other user from using and enjoying
the Site, (ii) disrupts or interferes with the security of the Site
or any services, systems resources, accounts, servers or networks
connected to or accessible through the Site, (iii) are unlawful,
threatening, abusive, libelous, defamatory, obscene, vulgar, offensive,
pornographic, profane, sexually explicit or indecent, (iv) attempts
to gain unauthorized access to portions of the Site which are restricted
from general access, (v) constitute or encourage conduct that would
constitute a criminal offense, give rise to civil liability or otherwise
violate law, (vi) violate, plagiarize or infringe the rights of
third parties including, without limitation, copyright, trademark,
patent, rights of privacy or publicity or any other proprietary
right, (vii) contain a virus or other harmful component, (viii)
contain any information, software or other material of a commercial
nature, (ix) contain advertising of any kind, or (x) constitute
or contain false or misleading indications of origin or statements
of fact.
Indemnity
You hereby agree to indemnify, defend and hold JRM, and all its
officers, directors, owners, agents, employees, information providers,
affiliates, licensors and licensees (collectively, the "Indemnified
Parties") harmless from and against any and all liability and
costs incurred by the Indemnified Parties in connection with any
claim arising out of any breach by you of the Agreement or the foregoing
representations, warranties and covenants, including, without limitation,
attorneys fees and costs. You shall cooperate as fully as reasonably
required in the defense of any claim. JRM reserves the right, at
its own expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you and you shall
not in any event settle any matter without the written consent of
JRM.
Third-Party Web Sites and Content
Links to third-party Web sites are not under the control of JRM
and JRM is not responsible for the contents of any such site. JRM
provides links to you only as a convenience, and the inclusion of
any link does not imply endorsement by JRM of the Site. If this
Site contains content provided, posted or offered by third parties,
you agree that neither JRM nor its affiliates shall be liable to
you whatsoever for any such third-party content.
Disclaimers
THE SITE AND SITE CONTENT ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. JRM EXPRESSLY DISCLAIMS ALL
EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
JRM MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE OR SITE CONTENT:
(i) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (ii) THE
SITE OR SITE CONTENT WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS;
OR (iii) ANY ERRORS WILL BE CORRECTED.
ANY SITE CONTENT YOU ACCESS OR DOWNLOAD IS AT YOUR OWN RISK. YOU
AGREE THAT JRM AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY
DAMAGE TO EQUIPMENT, LOSS OF DATA OR OTHER DAMAGE THAT OCCURS DUE
TO SUCH ACCESS OR DOWNLOADS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT JRM AND ITS AFFILIATES
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF JRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
ARISING OUT OF OR RELATING TO USE, INABILITY TO USE OR DELAY IN
USE OF THE SITE OR SITE CONTENT UNDER ANY CAUSE OF ACTION WHETHER
BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE.
THIS SITE TOGETHER WITH ANY DOCUMENTS ISSUED BY JRM AND AVAILABLE
THROUGH THIS SITE MAY CONTAIN FORWARD-LOOKING STATEMENTS WITHIN
THE MEANING OF THE U.S. PRIVATE SECURITIES LITIGATION REFORM ACT
OF 1995. THOSE STATEMENTS MAY APPEAR IN A NUMBER OF PLACES IN THIS
SITE AND CAN BE IDENTIFIED BY THE USE OF FORWARD-LOOKING TERMINOLOGY
SUCH AS "BELIEVE", "EXPECT", "PLANS",
"MAY", "WILL", "ANTICIPATES", OR SIMILAR
STATEMENTS OR THE NEGATIVE THEREOF. SUCH FORWARD-LOOKING STATEMENTS
INCLUDE BUT ARE NOT LIMITED TO STATEMENTS MADE AS TO FUTURE OPERATION
COSTS, CAPITAL EXPENDITURES, CASH FLOW, IMPROVEMENTS IN INFRASTRUCTURE,
DISTRIBUTION SYSTEMS AND OPERATING EFFICIENCIES, SALES AND EARNINGS
ESTIMATES OR TRENDS AND EXPANSION PLANS AND PROJECTIONS. SUCH FORWARD-LOOKING
STATEMENTS ARE BASED ON CURRENT EXPECTATIONS AND BY THEIR NATURE
INVOLVE KNOWN AND UNKNOWN INTERNAL AND EXTERNAL RISKS, UNCERTAINTIES
AND OTHER FACTORS WHICH MAY CAUSE THE ACTUAL RESULTS, PERFORMANCE
OR ACHIEVEMENTS TO BE MATERIALLY DIFFERENT FROM THOSE EXPRESSED
OR IMPLIED. THE INFORMATION CONTAINED IN MCDERMOTT INTERNATIONAL,
INC.'S (JRM'S ULTIMATE PARENT COMPANY) MOST RECENT ANNUAL REPORT,
AS WELL AS INFORMATION INCLUDED IN OTHER MCDERMOTT FILINGS WITH
THE SECURITIES AND EXCHANGE COMMISSION, IDENTIFIES IMPORTANT FACTORS
THAT COULD CAUSE SUCH RESULTS, PERFORMANCE OR ACHIEVEMENTS NOT TO
BE REALIZED. JRM UNDERTAKES NO OBLIGATION TO UPDATE FORWARD-LOOKING
STATEMENTS TO REFLECT EVENTS OR CIRCUMSTANCES AFTER THE DATE SUCH
STATEMENTS WERE MADE.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE,
SHALL JRM OR ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE FOR ANY CLAIM
BY ANY PARTY OTHER THAN JRM FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE
USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT CONTAINED
ON THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT
OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN
IF JRM HS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Jurisdictional Issues and Applicable Law
Unless otherwise specified, JRM controls, operates, and administers
this Site from our offices in the United States of America. JRM
makes no representation that materials at this Site are appropriate
or available for use at locations outside of the United States,
and your access to the Site from territories where its contents
may be illegal is prohibited. You agree not to use the Site or export
materials in violation of U.S. export laws and regulations.
These terms shall be governed by the laws of the State of Texas,
without giving effect to its conflict of laws provisions. You agree
that any legal action related to these terms shall be filed only
in the state courts of Harris County, Texas, or the United States
District Court for the Southern District of Texas, and you consent
and submit to the personal jurisdiction of those courts for the
purposes of litigating any such action.
Integration and Severability
These terms and any applicable written contract between you and
JRM constitute the entire agreement between you and JRM governing
your use of the Site. If any provision of these terms is deemed
unlawful, void, or for any reason unenforceable, then that provision
will be deemed severable from these terms and will not affect the
validity and enforceability of the remaining provisions. You agree
that any claim arising out of related to the terms or your use of
the Site must be filed within one year after it arose or be permanently
barred.
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