Terms and Conditions

IMPORTANT: Please read the following and the Privacy Statement before accessing and using this website (“http://www.ihi-ec.com/”).

Thank you for visiting IHI E&C International Corporation (“IHI E&C”) at www.ihi-ec.com. We hope this Site is informative and helpful.

Your Express Agreement. The following are the terms and conditions (“Terms”) that apply to and govern your access and use of this Site. The Terms also incorporate the Privacy Statement.BY CHOOSING TO PROCEED AND ACCESS AND USE THIS SITE, YOU ARE EXPRESSLY AGREEING TO BE LEGALLY BOUND BY THESE TERMS.

Exclusive Terms. Please note that these Terms exclusively govern your access and use of the Site and do not alter or affect the terms and conditions of any other agreement that you may now have or in the future enter into with IHI E&C for any product or service. The latter agreement will govern and continue to govern that specific legal relationship with IHI E&C.

User Conduct. For the convenience of users, some areas on the Site may allow for interactive communication, some of which may be conducted in “real time”. You agree not to post any content which is or may be, in whole or in part: false, unlawful, criminal, fraudulent, misleading, infringing, libelous, slanderous, defamatory, profane, racist, sexist, threatening, inflammatory, obscene, invasive of personal or privacy rights, advertising, promoting or soliciting for commercial purposes, containing any known viruses, worms or bugs, or which is otherwise harmful, offensive, inappropriate or unprofessional. IHI E&C has no obligation to monitor, screen, filter or edit any information, communication or content that is directly posted by or shared by users on the Site; however, IHI E&C may at its discretion from time to time monitor use of the Site, and IHI E&C reserves the right to delete or edit any objectionable content posted or submitted by authorized users, terminate the user’s access to the Site, deny future access, or take any other action IHI E&C deems appropriate or desirable under the circumstances. Please report any such violations to IHI E&C. IHI E&C will handle any personally identifiable data or information posted by you in accordance with the Privacy Statement; however, any third party liability or usage which may arise from your posting will be solely at your risk. Information obtained through monitoring the Site may also be used for duly authorized law enforcement investigations. IHI E&C also reserves the right to identify and investigate inquiries to the extent required to comply with applicable laws and

regulations, including but not limited to U.S. export control laws and executive orders. IHI E&C will have no liability for any content posted by users on the Site.

 

Compliance with all Laws. This Site is operated from servers located in Houston, Texas. You agree that your use of the Site will be in compliance with all relevant and applicable laws and regulations, which shall include but not be limited to U.S. export control laws, regulations and executive orders. The information provided on and through the Site may be deemed in some cases to be controlled technology and subject to the export control restrictions of the United States. IT IS YOUR OBLIGATION TO VERIFY AND COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS OF THE UNITED STATES PERTAINING TO ANY POTENTIAL ACCESS, TRANSFER AND USE OF ANY INFORMATION HEREIN WHICH MAY BE DEEMED TO BE “CONTROLLED” AS DEFINED BY LAW. The Site may not be accessed or used by any national of certain countries or groups against which the United States has instituted sanctions (including but not limited to Iran, Cuba and North Korea), Specially Designated Nationals, and other proscribed persons who are listed on the Denied Parties list. Due to technical uncertainties preventing verification of the identity and ultimate point of access by any person attempting to access or use the Site, your access of the Site constitutes your express representation that (1) you are not a national of any such sanctioned country or group or a Specially Designated National, and (2) you are not included on such Denied Parties list. You shall be fully liable and subject to prosecution to the full extent of the law for any violations of this paragraph, and YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD IHI E&C HARMLESS FROM AND AGAINST ANY AND ALL SUCH DAMAGES AND LIABILITY.

 

Copyright Notice. You acknowledge that, unless otherwise specifically designated, IHI E&C is the sole owner of all intellectual property rights to the Site and its contents, including but not limited to copyright protection for all content, including the design, layout, graphics, photos, format and other visual elements of the Site. All ownership rights pertaining to the information and material contained on the Site, including but not limited to the IHI E&C and IHI names, logos, trademarks, graphics, photos, images and content, are owned or have been duly licensed by IHI E&C, WITH ALL RIGHTS RESERVED. The Site pages and content may be electronically copied or printed in hard copy for internal informational, personal or non-commercial use only, provided that no modifications are made, it is not published in any media, and on each page of every internal copy, IHI E&C is acknowledged as the source with a copyright symbol. You are not granted any license to use the content. Any use other than that set forth above, including the non-internal reproduction, modification, copying, display or use of any copyright-protected content IHI E&C or IHI name, logo, trademark or other graphic, photo or image, without the prior written permission of IHI E&C in each instance, is strictly prohibited and will be enforced to the full extent of the law. Except for data and information submitted pursuant to an existing agreement with IHI E&C, any ideas, material or content submitted by you on or through the Site (including by e-mail) is, becomes and remains, to the extent you own the intellectual property rights, the sole property of IHI E&C, and IHI E&C has no obligation of confidentiality, nor is IHI E&C responsible for any claims of infringement or misappropriation that may result from any submission. Personal information submitted will be treated in accordance with the Privacy Statement. IHI E&C makes no guarantee, representation or warranty that the content of the Site or its use will not infringe upon the intellectual property right of any person, nor that the use, transfer, reproduction, distribution, transmission, or storage of any Site content outside the United States is in compliance with the laws of any other governmental authority or jurisdiction which may be applicable.

Site Security. So that this Site remains to the extent possible open and available to all users, IHI E&C has mechanisms in place to identify unauthorized attempts to upload or change information or any image, inject any harmful elements, or otherwise cause damage. Regardless, even though IHI E&C strives to keep these mechanisms up to date, due to the technical uncertainties, IHI E&C is unable to make any representation, guarantee or warranty that the content, information or links in the Site are secure and free of data-processing errors, technical glitches, operational problems, interruptions, errors, bugs, worms, viruses, unauthorized third party access or any other harmful elements. YOU REMAIN SOLELY RESPONSIBLE FOR THE SECURITY AND PROTECTION OF YOUR SYSTEMS WHEN USING THIS SITE. Unauthorized attempts to upload, insert or change any information or image on the Site or cause harm are strictly prohibited and may be punishable to the full extent of the law, including the Computer Fraud and Abuse Act and the National Information Infrastructure Protection Act.

Outside Links. For your information or convenience, the Site may contain direct links or hyperlinks to websites that are maintained by third parties. When clicking on such a link, you are leaving the Site. Therefore, IHI E&C has no control over, does not endorse and is not liable for the quality, operation, reliability, compliance with laws, ethics, business practices, nor content of such third party websites, or for any product or service advertised or provided therein. Any transactions with such third parties, including provision of your personal information, are strictly at your risk. IHI E&C expressly disclaim all liability arising from your access of and for the content contained within or through any such third party websites.

Access Outside the United States. If you are accessing this Site from outside the United States, you are doing so at your risk, and you remain fully responsible and liable for familiarity and compliance with these Terms as well as with the laws, regulations, directives, codes, and rules of the United States, including its export compliance laws and regulations, as well those of the jurisdiction from which you are accessing the Site, and any other applicable jurisdiction which may be involved in the access, transmission, routing, receipt, disclosure, storage or use of information on the Site, or any commercial transactions conducted on or through the Site.

No Warranties Provided. The information on the Site is provided for general information purposes only. While IHI E&C strives to provide timely, accurate and complete information, you may discover some inadvertent typographical, technical, factual, or other errors or omissions in the information provided. Please bring them to IHI E&C’s attention. Since such mistakes may occur, IHI E&C MAKES NO GUARANTEES, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, CONCERNING THE SECURITY, TIMELINESS, RELEVANCY, SUFFICIENCY, ACCURACY, RELIABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR COMPLETENESS OF ANY DATA, INFORMATION, OR SERVICES FURNISHED TO YOU ON OR THROUGH THIS SITE, OR CONCERNING THE INFORMATION YOU PROVIDE TO IHI E&C. IHI E&C IS PROVIDING THE INFORMATION AND OTHER CONTENT CONTAINED HEREIN ON AN “AS IS, WHERE IS, AS AVAILABLE” BASIS, AND ALL WARRANTIES (EXPRESS OR IMPLIED) ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY AND INDEMNIFICATION. YOU AGREE THAT IHI E&C AND ITS ULTIMATE PARENT, IHI CORPORATION, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES AND DIVISIONS, CUSTOMERS AND PARTNERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, VENDORS, SUPPLIERS, LICENSORS, ASSIGNEES, SUCCESSORS, INSURERS AND AGENTS, ARE NOT LIABLE IN ANY RESPECT FOR ANY DAMAGES (INCLUDING FOR ANY SPECIAL, INCIDENTAL EXEMPLARY, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES) OR LOSS OF ANY NATURE WHICH MAY OCCUR AS A RESULT OF YOUR ACCESS AND USE OF THE SITE.

 

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS IHI E&C AND ITS ULTIMATE PARENT, IHI CORPORATION, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES AND DIVISIONS, CUSTOMERS AND PARTNERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, VENDORS, SUPPLIERS, LICENSORS, ASSIGNEES, SUCCESSORS, INSURERS AND AGENTS, FROM AND AGAINST ANY AND ALL COSTS, CLAIMS, DAMAGES, LOSSES, AND OTHER LIABILITIES ARISING FROM YOUR USE OF THE SITE IN BREACH OF THESE TERMS OR IN VIOLATION OF LAW.

SHOULD THE ABOVE PROVISIONS BE HELD TO BE UNENFORCEABLE FOR ANY REASON, IN WHOLE OR IN PART, IHI E&C’S AGGREGATE LIABILITY TO YOU FOR ANY REASON CONNECTED TO YOUR USE OF THIS SITE WILL IN NO EVENT EXCEED THE SUM OF $100.00. ALL OTHER TERMS AND CONDITIONS HEREIN WILL REMAIN IN EFFECT IN THE EVENT ANY PROVISION SHOULD BE FOUND UNENFORCEABLE.

Applicable Law and Dispute Resolution. You agree that these Terms will be interpreted under the laws of the State of Texas, regardless of any conflicts of laws rules, and regardless of the laws of any other jurisdiction which may be asserted. Any dispute or claim which you may have (“Claim”) arising from your access or use of the Site shall be first submitted in writing to IHI E&C within one month from the occurrence of the event upon which such Claim is alleged to be based, or such Claim shall be deemed waived. Any Claim which has been properly submitted to IHI E&C which has not been resolved within a reasonable period of time not to exceed six (6) months may be submitted to binding arbitration as an exclusive alternative to litigation. YOU EXPRESSLY WAIVE ANY RIGHT TO BRING ANY LITIGATION IN ANY JURISDICTION AGAINST IHI E&C BASED ON YOUR ACCESS OR USE OF THIS SITE OR UNDER THESE TERMS. Any arbitration will be administered by the American Arbitration Association in Houston, Texas, in accordance with its applicable commercial rules and procedures. Any arbitral award will specifically exclude any special, indirect, incidental, exemplary, punitive or consequential damages.

 

Privacy. The use of your personal information given to IHI E&C during your visit to the Site is governed by the Privacy Statement, which is posted on this Site and incorporated into these Terms. You agree that any personal information you choose to provide to IHI E&C will be accurate and truthful to the best of your knowledge.
Changes to Site. In order to improve its service, IHI E&C reserves the right to make changes in the access, operation and content of the Site at any time without notice. IHI E&C also reserves the right to make changes in the Terms and the Privacy Statement; however, IHI E&C will note the date of revision. It is your responsibility to check the Site each time prior to access and use for any changes.