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Terms
and Conditions
Superior
Energy Management Inc.
1. Acceptance of Terms & Conditions
Welcome to the web site for Superior
Energy Management ("SEM", "us" or "we").
Please review the following terms and conditions (the "Agreement")
concerning your use of this site. We provide our services to
you at this site according to this Agreement and you agree to
abide by it and shall be deemed to agree with it by accessing,
browsing, using or downloading materials from this site. We
may make changes to this Agreement at any time by posting such
changes on this site and you shall be bound by such changes
if you continue to access this site. Your continued access to
this site shall be deemed to be acceptance by you of the then
current Agreement, including any changes from this Agreement.
2. Description of Services
At this site we provide information about SEM and provide you
with a means of communicating with us through email (the “Services”).
While SEM uses reasonable efforts to ensure all information
on this site is accurate and current, your use of this site
is at your own risk. This site is not the authoritative source
of information about SEM, its affiliates, suppliers or partners.
We may from time to time modify or discontinue, temporarily
or permanently, the Services (or any part thereof) with or without
notice to you. We shall not be liable to you or to any third
party for any modification, suspension or discontinuance to
the Services.
3. No representation or warranty
Nothing on this site shall add to or change any contract for
products or Services you may have with SEM, its alliance partners,
suppliers, contractors or affiliates.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. NEITHER WE, NOR OUR SUBSIDIARIES OR AFFILIATES, NOR THEIR
RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS
OR AGENTS, MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES,
EXPRESS OR IMPLIED, REGARDING THE SERVICES OR THIS SITE, INCLUDING
WITHOUT LIMITATION, WITH REGARD TO THE ACCURACY, COMPLETENESS,
AVAILABILITY, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES OR RELATED
INFORMATION, OR SERVICES, PRODUCTS OR INFORMATION AVAILABLE
AT WEB SITES THAT ARE ACCESSIBLE THROUGH LINKS FOUND ON THIS
SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK AND YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM USING THE SERVICES. This limitation
applies even if SEM has been advised of, or foresees, the possibility
of any damages occurring.
In using this web site, you agree to assume all of the risks
associated with the transmission of any data or information
to SEM from this web site, including the interception of such
data or information by third parties in any manner whatsoever,
and you further agree that neither SEM, its alliance partners,
suppliers, contractors or affiliates, their respective directors,
officers, employees, agents, contractors nor any other party
involved in creating, producing, or delivering the information
on this site, will be liable for any direct, indirect, consequential
or special loss or damage suffered or incurred by you, even
if apprised of the likelihood of such loss or damage occurring.
4. Limitation of Liability
THE SERVICES ARE MADE AVAILABLE TO YOU BY US ON THE EXPRESS
CONDITION THAT NO OBLIGATION, RESPONSIBILITY OR LIABILITY, WHETHER
BASED IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE)
OR OTHERWISE, SHALL BE INCURRED BY SEM OR ITS SUBSIDIARIES OR
ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, OFFICERS,
DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS, FOR ANY LOSS OR
DAMAGE WHATSOEVER, WHETHER INCIDENTAL, SPECIAL, DIRECT OR INDIRECT,
CONSEQUENTIAL, PUNITIVE, EXEMPLARY, GENERAL, OR FOR LOST PROFITS
IN CONNECTION WITH, CAUSED BY OR ARISING FROM THE USE OF THE
SERVICES, INCLUDING WITHOUT LIMITATION, ANY DELAYS, INACCURACIES,
ERRORS OR OMISSIONS IN OR INFRINGEMENT BY, OR FROM ANY USE OF,
OR RELIANCE ON, INFORMATION AVAILABLE ON THIS SITE, OR THROUGH
THE LINKS TO OTHER SITES CONTAINED IN THIS SITE OR ANY INFORMATION,
PRODUCTS OR SERVICES AVAILABLE ON SUCH SITES OR RESULTING FROM
THE INCOMPATIBILITY OF ANY SOFTWARE DOWNLOADED, COPIED OR OTHERWISE
ACCESSED FROM THIS SITE OR THROUGH SITES LINKED FROM THIS SITE.
5. No Endorsement of Third Parties
This web site may contain links to third-party sites. All information
provided at another web site is issued by and is the responsibility
of the owner of that site. Links are provided for convenience
only and a link to another web site should not be taken to imply
any endorsement of such site by SEM. Links to this web site
may also be provided from other sites either known or unknown
to SEM. Access to any other web site link to or from this web
site is at user's own risk.
6. Indemnity
You agree to indemnify and hold SEM, its subsidiaries, affiliates,
alliance partners, suppliers, and related companies and their
respective officers, agents, contractors and employees harmless
from any and all damages, costs, liabilities, and any claim
or demand, including reasonable lawyers’ fees, made by any third
party, due to or arising out of your use of the Services, your
connection to the Services, or your violation of this Agreement
or in connection with your use of the site.
7. Privacy
Although our ability to provide service requires that we collect
personal information about our customers, we take reasonable
measures to ensure the privacy and confidentiality of that information.
SEM collects, maintains and uses personal information in order
to provide products and Services that best meet the needs of
our customers. In doing so, we respect the privacy of our customers
and recognize the need to reasonably safeguard their confidential
information in our possession. We reasonably maintain the confidentiality
of any personal information which customers provide to us. In
handling customers’ confidential information, SEM endeavors
to keep customer information current and accurate and to safeguard
it from unauthorized access. Except as required by law, SEM
does not disclose customer information to third parties. By
entering your personal information on this web site, you consent
to our collection, use and disclosure of such information for
the purposes as set out in our customer contracts..
8. Copyright & Trademark Information
SEM asserts copyright over everything you see or read on this
site, unless otherwise noted. You are free to use the content
for non-commercial purposes provided you do not modify, disassemble
or alter it in any way, and provided you retain all copyrights
and proprietary notices contained in the content and acknowledge
SEM as the source. You require SEM's written consent to copy
or display any portion of the content for redistribution to
third parties or for commercial purposes. The copyright in this
web site is the property of SEM.
Except as expressly provided herein, you may not use, download,
upload, copy, print display, perform, reproduce, publish, license,
post, transmit or distribute any material from this web site
in whole or in part without the prior written permission of
SEM.
SEM reserves the right to revoke any permission given in respect
of material contained in this web site at any time without notice
and for whatever reason and to require you to delete, destroy
or otherwise remove any such material.
All trademarks, trade names, product names, service names, slogans,
icons or logos referenced in this web site are registered or
unregistered trademarks of SEM, unless otherwise indicated,
and their use and reproduction is strictly prohibited.
If you would like to request permission to use any information
or materials in this web site, contact SEM.
.All Rights Reserved.
9. Termination
SEM reserves the right to terminate access to this web site
and/or any information made available on this web site in our
sole discretion at any time and without notice. SEM shall not
be liable to you or to any third-party for termination of your
access to the Services.
10. Feedback
Except as expressly provided otherwise, all comments, feedback,
information and materials submitted to SEM through or in connection
with this web site shall be considered non-confidential and
shall become the property of SEM and SEM shall have full and
irrevocable authority to sell, license, copy, distribute and
otherwise deal in any manner with all or any part of such comments,
feedback, information and materials at any time without further
notice to any party.
You hereby authorize SEM to collect and retain all relevant
information relating to your use of this site. You further authorize
any third party to provide SEM with such information.
11. Governing Laws & Waiver
The laws of Province of Ontario and federal laws of Canada as
they apply shall govern this Agreement. You and SEM agree to
submit to the jurisdiction of the courts located within Ontario,
in relation to claims arising under or related to this Agreement.
SEM's failure to exercise or enforce any right or provision
of this Agreement shall not constitute a waiver of such right
or provision. If any provision of this Agreement is found by
a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavour to give effect
to the parties' intentions as reflected in the provision, and
the other provisions of this Agreement remain in full force
and effect. This Agreement constitutes the entire agreement
between you and SEM with respect to the Service, superceding
any prior agreements between you and SEM with respect to the
Service. You also may be subject to additional terms and conditions
that may apply when you use other services of SEM.
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