|
LEGAL NOTICES, TERMS AND CONDITIONS OF USE
This Website is provided by Grant Prideco and may be used for informational purposes only. By using the site, or by copying and/or downloading materials from the site, you agree to abide by the terms and conditions set forth in this notice. These terms and conditions of use may be changed in the future without further notice. Further, these terms and conditions apply exclusively to your access to, and use of, this Web site (“Service”) and do not alter in any way the terms or conditions of any other agreement you may have with Grant Prideco or any of its subsidiaries for products, services or otherwise.
|
Questions about
Grant Prideco products or services may be directed to info@grantprideco.com
|
|
Technical questions
or comments about the functionality of the Grant Prideco web
site may be sent to the attention of webmaster@grantprideco.com
|
|
Inquiries about
the company’s stock or financial performance may be addressed
to ir@grantprideco.com
|
Limited License
Subject to the terms and conditions set forth in this Agreement, Grant Prideco grants you a non-exclusive, non-transferable, limited right to access, use and display this site. You agree not to interrupt or attempt to interrupt the operation of the site in any way. You agree that no joint venture, partnership, employment or agency relationship exists between you and Grant Prideco as a result of this agreement or your use of the Service.
Grant Prideco authorizes you to view and download the information ("Materials") at this Website only for your personal, non-commercial use. This authorization is not a transfer of title to the Materials and/or copies of the Materials. You must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials. You may not modify the Materials in any way or reproduce or publicly display, or distribute or otherwise use them for any public or commercial purpose. You must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. This site, including all Materials, is copyrighted. You agree to comply with all the copyright laws worldwide in your use of this site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, Grant Prideco does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
This Agreement and the license rights granted hereunder shall remain in full force and effect unless terminated, suspended, or canceled for any of the following reasons: (a) upon thirty (30) days written notice by any party of its intent to terminate this Agreement; (b) immediately by Grant Prideco for any unauthorized access or use by you, including, without limitation (i) concurrent access of the Service with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Service, or (iii) any other access or use of the Service except as expressly provided in this Agreement; or (c) immediately, if in Grant Prideco’s sole discretion you violate the terms and conditions of this Agreement or the rules and regulations relating to the use of, or tamper with or alter any of the software and/or data files contained in, or accessed through, the Service.
Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which Grant Prideco may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to Grant Prideco and its licensors. Upon termination, you must destroy all materials obtained from this Web site and any and all other Grant Prideco site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.
Copyright, Patent and Trademark Notice
All trademarks of Grant Prideco and all trademarks, service marks and trade names used on the Service are the property of Grant Prideco or their respective owners, and may not be copied, downloaded or otherwise exploited without the permission of Grant Prideco or the owner of such trademark, servicemark or trade name.
Copying, storage in an electronic storage device, making of derivative works or public display of any text, graphics or displays of this Web site not credited to others is prohibited under penalty of the laws of the United States of America and international treaties without the prior, express written permission of Grant Prideco. Grant Prideco does not grant permission to anyone to display or distribute this information on the Internet or the World Wide Web. Some areas of this Web site are not available to the general public. Access to these areas without the written authorization of Grant Prideco is strictly prohibited.
The trademarks, logos and service marks (hereinafter “Trademarks”) displayed on this Web site are registered or unregistered Trademarks of Grant Prideco. Nothing contained in this Web site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this Web site without Grant Prideco’s prior written approval.
Notice and Procedure for Copyright Infringement Claim
Grant Prideco, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your license to use the Service if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Grant Prideco accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), Grant Prideco has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Grant Prideco’s designated agent to receive notification of claimed infringement is:
Jayne Sippl
Grant Prideco, LP
400 N. Sam Houston Pkwy, East
Suite 900
Houston, TX 77060
TELEPHONE: 281-878-5665
EMAIL: jayne.sippl@grantprideco.com
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, should be sent to our designated agent, listed above, and must include the following information:
A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly for other types of infringing materials, a list of such materials.
C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
Restrictions on Use
This Service is owned and operated by Grant Prideco and contains material which is derived in whole or in part from material supplied and owned by Grant Prideco and other sources, and is protected by copyright, trademark, and other applicable laws. You shall not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from this Service including code and software ("Material"). You may download Material from this Service for your personal, noncommercial use only, provided you keep intact all copyright and other proprietary notices. In the event that you download Material from the Service, such Material is licensed to you by Grant Prideco or its licensors, and neither Grant Prideco nor its licensors transfer title to any such Material to you. You agree that you will not alter the presentation or reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the information provided on this site in any manner without the prior, express written consent of Grant Prideco. Further, you agree that you will not use the information provided on this site for any unlawful purpose.
Linking To This Web Site
You may link to any page on Grant Prideco’s Web site provided that your links do not use any of Grant Prideco’s proprietary logos, marks, or other distinctive graphics, video, or audio material. Nor may you link in a manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by Grant Prideco or its affiliates; 2) cause confusion, mistake, or deception; 3) dilute Grant Prideco’s trademarks or service marks; or 4) otherwise violate state or federal law.
Solicitation of Offers
Statements made on these pages concerning the products or services of Grant Prideco do not constitute an offer, but are merely solicitations of an offer. References to and information concerning products on this Web site are not complete and must be read in conjunction with the specific information accompanying such products, as the same may change from time to time.
Disclaimer of Warranty
The Materials may contain inaccuracies and typographical errors. Grant Prideco does not warrant the accuracy or completeness of the materials or the reliability of any statement or other information displayed on or distributed through the site. You acknowledge that any reliance on any such information shall be at your sole risk. Grant Prideco may make changes to the site, the Materials and the products at any time without notice.
GRANT PRIDECO HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THIS SERVICE. NEITHER GRANT PRIDECO NOR ITS AFFILIATES OR SUPPLIERS OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE MATERIALS IN THIS SERVICE AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GRANT PRIDECO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. GRANT PRIDECO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AND PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SERVICES, INCLUDING THE COMMUNITY AREAS, OR THE SERVER THAT MAKES THEM AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GRANT PRIDECO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. You assume all risk of errors and/or omissions in the Service, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Service, including the information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided hereunder. YOU (AND NOT GRANT PRIDECO) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 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. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IN SUCH JURISDICTIONS, GRANT PRIDECO’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Disclaimer of Liability
IN NO EVENT SHALL GRANT PRIDECO OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SERVICE OR WITH THE DELAY OR INABILITY TO USE THIS SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF GRANT PRIDECO OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER GRANT PRIDECO NOR ITS AFFILIATES OR SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SERVICE. FURTHER, GRANT PRIDECO SHALL NOT BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION SERVICES PROVIDED BY OR KNOW-HOW OR OTHER INFORMATION CONTAINED WITHIN THIS WEB SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE WEB SITE USER, OR FOR ANY CLAIM OR LOSS ARISING THEREFROM OR OCCASIONED THEREBY. GRANT PRIDECO SHALL NOT BE LIABLE FOR ANY DAMAGES FOR LOST DATA, USE, PROFITS, SAVINGS OR GOODWILL THAT RESULT FROM USE OF OR INABILITY TO USE INFORMATION OR SOFTWARE CONTAINED WITHIN THIS WEB SITE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 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. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IN SUCH JURISDICTIONS, GRANT PRIDECO’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification
You agree to defend, indemnify and hold harmless Grant Prideco, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Service; (c) any noncompliance by you with the terms and conditions of this Agreement; and (d) claims brought by persons or entities other than the parties to this Usage Agreement arising from or related to your access and use of the Service, including the information obtained through the Service.
Forward Looking Statements
Certain statements contained within this Web site may constitute “forward-looking statements” within the meaning of the federal securities laws. These statements are subject to certain risks and uncertainties that could cause actual results to differ materially from Grant Prideco’s expectations.
Privacy–Consent to Collect, Process and Transfer Personal Data
Use of this Web site may result in personal data about you being collected or processed by, and transferred to, Grant Prideco in countries where legal systems may provide only limited protection for personal data. Such transfers may include personal data you directly provide (such as your name or email address) and personal data automatically collected or processed (such as your internet domain or IP address) as part of the operation of this Web site or during the course of your activities on or use of this Web site. By using this Web site, you expressly consent to any collection, processing, transfer or use of any personal data. If you do not agree and consent to any transfer, processing, collection or use of such information, please discontinue your access or use of this Web site.
Where collection, processing or transfer of personal data results from your use of this Web site, Grant Prideco does not warrant or represent that you will have the ability to control or prevent the collection, processing, use or further transfer of such information; however, Grant Prideco will not transfer any such personal data to any company other than Grant Prideco without your prior consent. You understand and agree that, with respect to personal data, you may not be able to access such information in the future; correct inaccuracies, if any; erase or cause removal of such information; or block collection or transfer of such information. Grant Prideco makes no other representation regarding the collection, processing or transfer or use of any personal data. In no event shall Grant Prideco be liable to you or others for any damages resulting from any transfer, processing, collection or use of personal data resulting from your use of this Web site.
Grant Prideco may use "cookies" in connection with operation of its Web site(s). Cookies are small pieces of information that are stored on your computer by the Grant Prideco server (passing through your Netscape Navigator® or Internet Explorer™ or other web browser). Cookies are used for record-keeping purposes–the stored information can be retrieved by the same Grant Prideco server that created the cookie. This allows Grant Prideco to personalize, monitor, or regulate the use of this site, and also permits Grant Prideco to ultimately automate the access and data-entry functions of the site (e.g., login information), to store on-line ordering information for purchases made while visiting the site, and to tailor the appearance or presentation of the site to your preferences or interests. In addition, cookies allow Grant Prideco to track usage of the site (e.g., to determine which areas of the site are useful or popular) and permit us to improve and update the site effectively.
The use of cookies is common in the industry, and they are used at most major sites. You may wish to adjust your Web browser to inform you whenever a cookie is to be used, or to reject all cookies automatically. However, if you elect not to accept cookies, some parts of the Web site may not function properly or permit access. For more information on cookies, see http://www.cookiecentral.com/faq/.
Submissions
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Grant Prideco, or postings at this Web site, are non-confidential and (to the extent of your ownership interests therein) shall become the sole property of Grant Prideco. Grant Prideco shall own exclusive rights and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Grant Prideco Software
Any Grant Prideco software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively "Software"), that may be made available on this Web site is licensed to you by Grant Prideco, and no ownership rights pass to you. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
Hyperlinks
Grant Prideco makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Web sites accessible by hyperlink from this Web site, or Web
sites linking to this Web site.
International User and Choice of Law
This site is controlled, operated and administered by Grant Prideco from its offices within the United States of America. Grant Prideco makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States, and access to them from territories where their contents are illegal is prohibited.
Governing Law and Venue
This agreement shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without giving effect to any principles of conflicts of law. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the site contemplated by this agreement must be instituted within NUMBER years from the date upon which such claim or cause arose or accrued. Further, all proceedings arising out of, in connection with, pursuant to, or incident to this agreement or through use of the service, product, or information provided through or referenced herein shall be brought exclusively in the county, state, or federal courts located in Houston, Harris County, Texas. You expressly agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Texas as your agent for service of process. You expressly waive any claim of lack of jurisdiction or improper venue in any legal proceeding arising out of, in connection with, pursuant to, or incident to this agreement or through use of the service, product, or information provided.
U.S. Government Restricted Rights
The materials on this Web site are provided with “RESTRICTED RIGHTS.” Use, duplication or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Grant Prideco’s proprietary rights in them.
Integration and Severability
This agreement constitutes the entire agreement between Grant Prideco and you with respect to your use of the site. Any cause of action you may have with respect to your use of the site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
Assignment
You shall not assign any of your rights, obligations or privileges hereunder without the prior written consent of Grant Prideco. Any assignment other than as provided for in this Section shall be null and void, ab initio.
Export Controls
Unless otherwise specified, the materials in this Web site are presented solely for the purpose of promoting programs, services, and other products available in the United States, its territories, possessions, and protectorates. Software from this site is further subject to United States export controls. No software from this Service may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Enforcement
Grant Prideco enforces its intellectual property rights to the fullest extent of the law. If you have questions concerning the legal notices stated above, please contact the GRANT PRIDECO legal department at
Grant Prideco, LP
Legal Department
400 N. Sam Houston Pkwy, East
Suite 900
Houston, TX 77060
TELEPHONE: 281-878-5665
Revised May 8, 2007
|