Terms of Use
IMPORTANT – PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE USING THIS SITE
For simplicity, Occidental Chemical Corporation and its subsidiaries are referred to collectively throughout this website (the “Site”) as the company, the corporation, or “OxyChem.” However, nothing on the Site or related websites are intended to conflict with the corporate separateness of these entities. OxyChem operates and maintains the Site for the benefit of OxyChem’s employees, customers, vendors, and other Site users (collectively, the “Users”). By using the Site, Users accept and agree to the following terms and conditions (the “Terms”). Please read the Terms carefully before using the Site. By using the Site, the Terms constitute a binding agreement between you and OxyChem. If you do not agree to the Terms, do not use the Site.
Updates
The Terms are subject to change without notice by OxyChem at any time. Please check for changes regularly. Your use of the Site after such changes constitutes your agreement to such changes.
Restrictions on Use of the Site
Materials in the Site, including but not limited to text and graphics, are the property of OxyChem. Users may read materials in the Site; however, Users may not otherwise use materials (including but not limited to OxyChem's names, logos, and trademarks) in any other way without the prior written consent of OxyChem. Receipt, directly from OxyChem, of a currently valid user id and password to use certain materials constitutes consent to use the materials for which you are specifically authorized. Unless specifically authorized, such consent does not include the right to use OxyChem's names, logos, trademarks or other intellectual property. You may not use the Site or its contents in a false, misleading, derogatory or otherwise offensive manner or to engage in or encourage conduct that would violate any applicable law or regulation or give rise to civil liability. Furthermore, you may not link to the Site without OxyChem’s express permission in writing. You further agree that use of any information obtained via the Site is at your own risk. Any use of the Site materials on any other website or networked computer environment for any purpose is strictly prohibited. Any personally identifiable information provided by you is subject to OxyChem’s Privacy Agreement. A link to this agreement is found on the bottom of each page of the Site. Any breach of these Terms automatically terminates your authorization to use the Site and the information on the Site.
Trademark and Copyright
OxyChem, and certain other brands, trademarks, and service marks are marks of Occidental Chemical Corporation and its affiliates. The materials on the Site are copyrighted, and any unauthorized use of any materials on the Site may violate copyright, trademark and other laws.
Unsolicited Material
OxyChem does not accept or consider unsolicited ideas, including ideas for new technologies or processes, through the Site. This policy is to avoid potential misunderstandings or disputes regarding ownership of ideas. Do not transmit any material through the Site that you consider confidential or proprietary. Any material that you transmit through the Site will be considered not to be confidential or proprietary, and Users grant OxyChem an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such information. Such information is sent, saved and/or stored at User's risk. OxyChem is not responsible for misappropriation, loss or corruption of any such information by any means.
Hyperlinks to Third Party Websites
For your convenience, the Site contains links to other websites, including some administered by OxyChem or by other companies on behalf of OxyChem, as well as to third party and business partner websites not administered by OxyChem. References on the Site to any products, services, processes, hypertext links, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply OxyChem’s endorsement, sponsorship or recommendation. OxyChem has not reviewed, and does not monitor, the websites that it does not administer; does not otherwise control them; and is not responsible for their content. Also, OxyChem’s Privacy Statement does not apply to, and OxyChem is not responsible for the privacy practices of, any such website. If you decide to access any of these websites, you do so entirely at your own risk. Please check each page you visit to determine whether it is an OxyChem-administered website.
Export
Unless otherwise specified, materials in the Site are presented solely for the purpose of promoting programs, products and services of OxyChem available in the United States and such other countries where permitted by U.S. and local law. The Site is controlled and operated by OxyChem from its offices in the State of Texas, United States of America. OxyChem makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Applications and programs from the Site are further subject to United States export controls. No applications or programs from the Site may be downloaded or otherwise exported or re-exported (i) into (or to a resident or national of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed or sanctioned goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using applications, you represent and warrant that you are not located in, under the control of, or a resident or national of any such country or on any such list. If you choose to access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable laws and regulations.
No Warranty
The materials provided at the Site are provided “as is” and without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. OxyChem further does not warrant the accuracy and completeness of the materials at the Site. OxyChem does not warrant that the functions contained in the Site will be uninterrupted or error-free, that defects will be corrected or that the Site, or the server that makes it available, are free from viruses or other harmful components. OxyChem may make changes to the materials at the Site, or to the products and prices described in them, at any time without notice. The materials at the Site may be out of date, and OxyChem makes no commitment to update the materials at the Site. Information published at the Site may refer to products, programs or services that are not available to you. Consult your local OxyChem business contact for information regarding the products, programs and services that may be available to you. Applicable law may restrict the exclusion of certain implied warranties in certain circumstances, and, in those circumstances, the above exclusion of warranties applies to the maximum extent allowed under applicable law.
Limitation of Liability
You assume full responsibility for your use of the Site and in no event will OxyChem, its suppliers or other third parties mentioned at the Site be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost data, the cost of procurement of substitute goods or services, or business interruption) arising out of the use, inability to use, or the results of the use of the Site, any websites linked to the Site, or the materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. If your use of the materials or information from the Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Applicable law may not restrict the exclusion or limitation of incidental or consequential damages in certain circumstances, and, in those circumstances, the above exclusion or limitation applies to the maximum extent allowed under applicable law. If you are dissatisfied with any portion of the Site or with the Terms, your sole and exclusive remedy is to discontinue using the Site.
Applicable Law
The Terms are governed by the laws of the State of Texas, without giving effect to any principles of conflict of laws. By accessing or using the Site you waive any and all rights that are different from, or conflict with, those protected by such law, to the extent you may lawfully do so.
Venue
By accessing or using the Site, you agree that the laws of the State of Texas, excluding its conflict-of-laws rules, shall govern these Terms. You expressly agree that exclusive jurisdiction for any claim, dispute or cause of action relating in any way to your use of the Site, resides in the courts of the State of Texas, with venue residing solely in the United States District Court for the Northern District of the State of Texas or a similar Texas state court within Dallas County, Texas.
Personal Jurisdiction
By accessing or using the Site, you also consent to the exercise of personal jurisdiction in the courts of the State of Texas regarding any dispute that arises from the Site.
Waiver
Failure to enforce strict performance of the Terms shall not be construed as a waiver of any provision or right. OxyChem may assign its rights and duties under the Terms without notice to any party at any time.