Our Services are not available to persons under 18 years of age, to individuals who cannot form legally binding contracts under applicable law, or to temporarily or indefinitely suspended Furmanite guests. If you do not qualify, you are not authorized to use or access our Site or our Services.
You agree to submit accurate, current, and complete information about you and your organization, if applicable, and promptly update such information, if applicable, when required. Should Furmanite suspect that such information is untrue, inaccurate, not current, or incomplete, Furmanite has the right, but not the obligation, to suspend or terminate your access to the Site and/or seek updated information from you.
3. Restricted Rights
The materials on the Site are provided with “Restricted Rights.” All use, duplication, or disclosure of the software and related documentation obtained from the Site by the government is subject to restrictions as set forth in paragraphs (c)(1)(ii) of the Rights in Technical Data Computer Software Clause at DFARs 252.22-70013 and/or subparagraphs c(1) and c(2) of the Commercial Computer Software Restricted Rights Clause at 48 C.F.R. 52.227-19 or its provision(s), as applicable. The contractor/vendor/ manufacturer is Furmanite, 10370 Richmond Avenue, Suite 600, Houston, Texas 77042. No other governments are authorized to use the materials appearing on the Site without prior written permission from Furmanite.
4. Product and Service Pricing and Availability
Furmanite provides links to third-party Sites on its Site for your convenience. Furmanite cannot guarantee that information, pricing, and availability of goods and/or services offered on the linked third-party websites is accurate or that it will not change. Furmanite also provides Contact information for Furmanite employees overseeing its Services for your information, however, Furmanite cannot guarantee that such contact information is current, or that the persons listed will be available to talk to you.
5. Your Conduct
You agree not to:
- upload, transmit, post, email or otherwise make available to the Site, or the Services, any content or other material in any format that: (i) is false, inaccurate, misleading, fraudulent, unlawful (including, but not limited to, laws governing consumer protection, unfair competition, antidiscrimination, or false advertising), harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another’s privacy, libelous and/or otherwise objectionable; (ii) infringes any third party’s intellectual property, whether a copyright, patent, trademark, trade secret, or other proprietary right or rights of publicity or privacy; or (iii) contains viruses, worms, Trojan horses, time bombs, cancelbots, easter eggs, corrupted files, or any other similar software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of any data, personal information, computer software or hardware or telecommunications equipment;
- alter, remove, or falsify any attributions or other proprietary designations of origin or source of any other content appearing on the Site or via the Services or contained in a file that is uploaded to the Site or the Services;
- impersonate any person or entity, including, but not limited to, any Furmanite official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- attempt, through any means, to gain unauthorized access to the Site or the Services, or another user’s account on the Site and/or the Services;
- use any robot, scraper, spider, other automatic device, or manual process to monitor or copy any information or content contained in the Site and/or the Services without our prior express written permission. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission is prohibited;
- take any action that imposes an unreasonable or disproportionately large load on the Site’s and/or Services’ infrastructure;
- create liability for Furmanite or cause Furmanite to lose (in whole or in part) the services of its information technology partners or other suppliers; or
The use of any device, software, or routine that interferes or attempts to interfere with the proper working of the Site or the Services is expressly prohibited.
6. Proprietary Rights Restrictions
- All material on the Site, including, without limitation, all informational text, design of and “look and feel,” layout, photographs, graphics, audio, video, messages, interactive and instant messaging design and functions, files, documents, images or other materials (collectively, the “Materials”), whether publicly posted or privately transmitted, as well as all derivative works, are owned by Furmanite or other parties that have licensed their material to Furmanite, and are protected by copyright, trademark, and other intellectual property laws. Furmanite disclaims any proprietary interest in copyrights, trademarks, service marks, logos, slogans, domain names and trade names other than its own. Trademarks, logos, images, audio, and service marks displayed on the Site are the property of either Furmanite or other third parties; you agree not to display or use such property without Furmanite’s prior written permission.
- The Materials on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the prior consent of Furmanite. Any modification of the Materials, use of the Materials on any Site or networked computer environment, or use of the Materials for any purpose other than personal, non-commercial use, without the prior consent of Furmanite, is a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited.
- If you have accessed the Site, Furmanite grants to you a personal, non-exclusive, non-transferable license to use and display the audio and visual information, documents, products and software contained in or made available through the Services solely for your own personal use. All rights not expressly granted herein by Furmanite to you are reserved by Furmanite and/or its licensors.
- Furmanite alone shall own all right, title, and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, recommendations, comments, posting, or other information provided by you relating to the Site and/or the Services (“Submissions”), and you agree to assign such Submissions to Furmanite free of charge. Furmanite may use or not use such Submissions as it deems appropriate in its sole discretion.
7. Links with Other Websites
You agree to indemnify, hold harmless and release Furmanite (and its employees, officers, directors, stockholders, agents, licensors and their respective successors and assigns), from and against any and all claims, damages, costs and expenses, including reasonable attorney’s fees, arising from or related to your use or misuse of the Site, the Services, and/or any content contained therein or provided thereby, including, but not limited to, information from third-party websites linked to the Site.
9. Local Laws and Export Controls
The Site and the Services may provide goods and/or services and/or use software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of the European Union. You acknowledge and agree that the Site shall not be used, and none of the underlying information, software or technology may be transferred or otherwise exported or re-exported to Afghanistan, Burma, Cuba, Iraq, Iran, Libya, Sudan or any other country to which the United States and/or the European Union maintains an embargo (collectively, the “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, the “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or a Designated National.
This Site may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000.
10. Changes to the Site
11. Failure to Abide by These Terms
12. Dispute Resolution; Governing Law; Consent to Jurisdiction
14. Notices and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Furmanite’s Designated Agent at firstname.lastname@example.org. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE RESPONSE.
Except as explicitly stated otherwise, any notices shall be given, if to Furmanite, by postal mail to Furmanite Inc. Attn: Francisco Callegari, or, if to you, using the email address you provide to Furmanite. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address you have provided to Furmanite. In such case, notice shall be deemed given three (3) days after the date of mailing.
THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT AND THE DIGITAL MILLENNIUM COPYRIGHT ACT.