WELCOME! PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE VIEWING OR USING ANY PORTION OF THIS WEBSITE. BY VIEWING OR USING THIS WEBSITE, YOU INDICATE YOUR ACCEPTANCE OF, AND AGREEMENT TO BE BOUND BY, THE TERMS AND CONDITIONS SET FORTH BELOW (THE “AGREEMENT”). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW, PLEASE EXIT THIS WEBSITE IMMEDIATELY.
TERMS AND CONDITIONS
1.1. This Agreement constitutes your agreement with TETRA Technologies (“TETRA”), a Delaware corporation, with respect to your use of TETRA’s website (the “website”). You must agree to abide by all of the terms and conditions contained in this Agreement in order to continue viewing or using the website.
1.2. TETRA reserves the right to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time in its sole and absolute discretion. Changes in this Agreement will be posted at www.tetratec.com. It is important for you to refer to this Agreement from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to this Agreement. Your continued use of the website after any changes are made, shall be deemed your acceptance of the changes.
Copyright. The website is protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws. All materials contained on the website are protected by copyright and are owned or controlled by TETRA or the party credited as the provider of the content. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the website. Copying or storing of any content from the website is expressly prohibited without prior written permission from TETRA or the copyright holder as identified on the website.
Trademarks. TETRA owns many trademarks (the “Trademarks”). You agree not to delete any trademark or similar notice from any contents that you obtain from the website. Any questions concerning the use of Trademarks should be referred to TETRA.
Changes to the website. TETRA may change, suspend or discontinue any aspect of the website at any time. TETRA may also impose limits on certain features and services or restrict access to parts or all of the website without notice or liability.
Representations and Warranties. You represent, warrant and covenant that:
You are at least eighteen years old; and
You will not upload, post, transmit, distribute or otherwise publish through the website any materials which:
Restrict or inhibit any other user from using and enjoying the website;
Are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent;
Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate the law;
Violate, plagiarize or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party;
Contain a virus or other harmful or potentially harmful component;
Contain any information advertising of any kind; and/or
Constitute or contain false or misleading indications of origin or statements of fact.
No Endorsement. TETRA neither represents nor endorses the accuracy or reliability of any message, advice, opinion, statement, memorandum, or other information displayed or distributed through the website. You acknowledge that any reliance upon any such message, advice, opinion, statement, memorandum, or information shall be at your sole risk. TETRA reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the website. TETRA shall not have any duty to correct any errors or omissions in any portion of the website.
Links to Other Sites. The website may contain links and pointers to other World Wide Web sites and resources. If you click on these links, you will be transported to other websites that are neither owned nor controlled by TETRA (collectively, “Third Party Sites”). TETRA has no control over the statements, products or services featured or sold at the Third Party Sites. Links to Third Party Sites do not constitute an endorsement by TETRA of the Third Party Sites, nor any of the statements, products or services offered or sold at the Third Party Sites.
Links From Other Sites. Any other party that links to the website:
Shall not create a browser or border environment around any of the content of the website;
May link to, but not replicate, the website’s content;
Shall not imply that the website or TETRA is endorsing or sponsoring it or its products;
Shall not present false information about TETRA or its products or services;
Shall not use Trademarks without the prior written permission from TETRA; and
7.6. Shall not contain content that could be construed as distasteful, offensive or controversial.
8. Registration and Payment Policy. Registration may be required for the use of certain portions of the website.Your registration shall not impose any duty on us to provide any particular service to you.
8.1. In the event that payment is required by you to receive any goods or services offered by us, you agree to pay all charges to your account, including applicable taxes, in accordance with the billing terms in effect at the time the fee or charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges, and to institute new fees or charges.
We reserve the right to terminate your account for any valid reason including, but not limited to, your failure to pay any applicable fees, at any time, without giving you advance notice.
9. Notice Specific to Software Available on the website.
9.1. From time to time, we may make software available for download or purchase at the website. Any software that we make available for download from the website and/or our servers (the “Software”) is the copyrighted work of TETRA and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement which accompanies or is included with the Software (the “License Agreement”). An end user may not install any Software, which is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
9.2. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
9.3. Any Software which is downloaded from the website or TETRA servers for or on behalf of the United States of America , its agencies and/or instrumentalities (“U.S. Government”), is provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraphs c(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
10. Notice Specific to Documents Available on the website.
10.1. From time to time, we may make certain documents available at the website for your online review or download. Permission to use documents, copyright by TETRA, like press releases, new stories and FAQs from the website or TETRA’s servers (the “Documents”) is granted provided that:
10.1.1. An appropriate copyright notice, attributing the copyright to TETRA, appears in all copies and that both the copyright notice and this permission notice appear;
10.1.2. Use of the Documents is for informational use only and the Documents will not be copied or posted on any network computer or broadcast in any media; and
10.1.3. No modifications of the Documents are made.
10.2. Elements of the website including, but not limited to, the “look and feel,” are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the website may be copied or retransmitted unless expressly permitted by TETRA.
website Content and Information.
The website contains information, offers, text, and other materials (collectively, the “Information”) that are provided for your convenience. Some of the Information is provided by third parties. You should be aware that the Information might contain errors, omissions, inaccuracies, or outdated information. TETRA makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Information and shall not be liable for any lack of the foregoing. Descriptions of, or references to, products or publications within the website does not imply endorsement of that product or publication.
11.2. Part or all of the Information may be subject to terms and conditions that may be found on the websites or in the documents and policies of third parties. In the event of a conflict between the terms and conditions of this Agreement and the terms and conditions that may be found on the websites or in the documents and policies of third parties, the terms of this Agreement shall control. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Information and will not be liable for any lack of the foregoing.
12. Content Uploaded by You.
12.1. From time to time, TETRA may permit you to upload information, advice, text, data, software, messages and other materials to the website (“Your Content”). Your Content is your sole responsibility. This means that you, and not TETRA, are entirely responsible for all of Your Content that you upload, post, email, transmit or otherwise make available via the website. Under no circumstances will we be liable in any way for any of Your Content including, but not limited to, any errors or omissions in Your Content, or for any loss or damage of any kind incurred as a result of the use of any of Your Content made available via the website.
12.2. You hereby grant us a world-wide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content and to incorporate Your Content in other works in any form, media, or technology now known or later developed.
12.3. You acknowledge that we do not pre-screen Your Content, but that we have the right, but not the obligation, in our sole discretion to modify, transmit over various networks, refuse or move any of Your Content that is available on the website.You agree that you must evaluate, and bear all risks associated with, the use of any of Your Content including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Your Content.
You acknowledge and agree that TETRA may preserve Your Content and may also disclose Your Content at any time and for any reason.
Since we do not pre-screen Your Content, you may be exposed to content that is offensive, indecent, or objectionable.
THE WEBSITE, INCLUDING ALL CONTENT, OFFERS, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TETRA AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER ABOUT:
THE CONTENT ON THE WEBSITE;
THE CONTENT, OFFERS, FUNCTIONS, MATERIALS AND INFORMATION ACCESSIBLE THROUGH THE WEBSITE;
ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR,
ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE.
FURTHER, TETRA AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TETRA DOES NOT WARRANT THAT THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TETRA AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.
TETRA DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE.
Limitation of Liability. Under no circumstances shall TETRA be liable for any special, incidental, indirect or consequential damages that are directly or indirectly related to the use of, or the inability to use, the website even if TETRA has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall TETRA have any liability to you for any damages, losses, or causes of action. Use of the website is completely at your own risk.
Indemnity. You agree to indemnify TETRA, its officers, employees, owners, representatives, agents, subsidiaries, affiliates, officers, partners, suppliers, and licensors (hereinafter individually and collectively referred to as “Indemnitees”) and TETRA agrees to control any litigation, negotiations, discussions, settlements, or associated dealings, for any claims, demands, penalties, fines, liabilities, attorneys’ fees, court costs, legal expenses and causes of action of any nature, whether civil or criminal, for losses and/or damages of any kind which may be brought against TETRA and/or Indemnitees, in any way, directly or indirectly, incident to, arising out of, in connection with or resulting from your use of the website.
Texas Law and Jurisdiction. Notwithstanding any provision to the contrary, this Agreement and the interpretation of its terms shall be governed and construed in accordance with the laws of the State of Texas , without regard to its conflicts of laws rules. The parties consent to the sole and exclusive jurisdiction and venue of the Texas state courts in Harris County, Texas, for all state court matters, and the Southern District of Texas for all federal court matters.
17. Miscellaneous. This Agreement contains the sole and entire agreement between the parties with respect to the subject matter of this Agreement and supersedes any and all other prior written or oral agreements between them. Captions contained in this Agreement are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this Agreement or the intent of any provision of this Agreement. It is the intent of the parties that neither this Agreement, nor any covenant in this Agreement, shall be construed against either party pursuant to the common law rule of construction against the drafter. It is the intent of the parties that said rule not be applicable to this Agreement. The parties waive all rights to trial by jury in any action or proceeding instituted in connection with this Agreement. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this Agreement.