Hexacom Web Site Terms and Conditions of Use
Access. BY USING THIS WEB SITE YOU AGREE TO THE TERMS AND CONDITIONS EXPRESSED HERE. They apply exclusively to your access to, and use of, this Web site and do not alter in any way the Terms and Conditions of any other agreement you may have with Hexacom a Division of Schlumberger Technology Corporation (“Hexacom”).
General. Hexacom operates and maintains this Web site, at least in part, from Houston, Texas, USA.
Contacts. Address questions or comments via the email provided on the Website.
Submissions. Except as otherwise provided in a separate written agreement between you and Hexacom, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, discoveries, plans, notes, drawings, original or creative materials, or other information, provided by you in the form of e-mail or electronic submissions to Hexacom, or postings at this Web site, are nonconfidential and shall become the sole property of Hexacom to the fullest extent permitted by applicable law. Hexacom shall own exclusive rights and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or additional compensation to you. In the event applicable law operates to prevent Hexacom from becoming the sole owner of any such property, then this provision shall be effective as granting to Hexacom (with unfettered rights of assignment) a perpetual, worldwide, paid-in-full, nonexclusive right (including any moral rights) and license to make, use, sell, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in any such material.
Copyrights, trademarks, and permissions. You acknowledge that Hexacom or third parties granting rights to Hexacom hold title to all materials on this site, which are the copyrighted works of Hexacom or the third parties, with all rights reserved. Such materials include but are not limited to design, text, graphics, files, photographs, video and audio clips, and the selection and arrangement thereof. Hexacom authorizes you to view and use the Web site with the following restrictions: 1) use must be solely for your personal informational and noncommercial use, except that commercial transactions may take place on this site to the extent that Hexacom offers goods for sale on this site; 2) downloading is limited to one electronic or hard copy of limited portions; 3) each page downloaded must include this copyright statement displayed in a prominent position: 'Hexacom. All rights reserved.'; 4) materials cannot be modified, forwarded, displayed, distributed, performed, or published in any media without the prior written permission of Hexacom.
You may not frame or use framing techniques to enclose any portion of this site without the express written consent of Hexacom. You may not use meta tags or any other hidden text using the Hexacom name or trademarks and service marks without the express written consent of Hexacom.
No commercial use of the information on or under this Web site is licensed or permitted, except to the extent necessary in connection with the offering of goods for sale by Hexacom. The use of automated systems (robots, spiders, or any other data-mining or similar data-gathering and extraction tools) to access, acquire, or download information on this Web site is expressly prohibited where such systems are employed in connection with commercial objectives, or in a fashion that directly or indirectly violates the privacy interests of any individual. The word 'Hexacom,' the Hexacom logo, and the products and services described in this Web site are either trademarks, trade names, or service marks of Hexacom and its licensors, or are the property of their respective owners. These marks may not be copied, imitated, or used, in whole or in part, without the express prior written permission of Hexacom or their respective owners, and then with the proper acknowledgments. In addition, page headers, custom graphics, button icons, and scripts may be service marks, trademarks, or trade dress of Hexacom, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Hexacom.
Contact Hexacom with queries regarding these issues.
Forums, interactive areas, postings, and feedback. This Web site may include discussion forums or other interactive areas, including chat rooms, bulletin boards, and collaboration facilities. You agree not to upload to, distribute, or otherwise publish through this Web site any content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise create liability or violate any law. Forums and interactive areas shall be used only for noncommercial purposes. On this site you cannot, without the express written approval of Hexacom, distribute or publish promotions, advertising or solicitations for funds, goods, or services. You shall remain solely liable for the content of any messages or other information posted by you on this Web site, and Hexacom takes no responsibility and assumes no liability for the content of posted or uploaded material. Please contact Hexacom concerning any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter on this site. Hexacom reserves the right, in its sole discretion, to remove or edit any material posted by you that is determined to be harmful, offensive, or otherwise inappropriate.
Copyright infringement by postings. By posting software or other content to this site, you warrant to us (and we rely on this warranty) that such items are known to you to be free shareware or otherwise in the public domain, and you agree to indemnify us against all claims, damages, or losses arising from an action alleging infringement of copyright or other proprietary rights in such work. We undertake no duty to determine the validity of any claim of copyright. Upon receiving written notice to Hexacom that any item posted on this site is believed to infringe a copyright or other proprietary right, we will remove said work and will not permit its reposting. We make no warranty as to the currency, operability, or fitness for any particular purpose of any shareware software posted to this site, and we will assume no liability for any losses or damages alleged to arise from use of or reliance on such software. We undertake no duty to determine the currency, operability, or fitness for any particular purpose of any shareware software posted to this site.
Hexacom software. Any Hexacom 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 Hexacom for your personal, noncommercial use, and no ownership rights pass to you. You shall not copy, distribute, sell, modify, transfer, decompile, reverse engineer, disassemble, or create derivative works from any Software.
Hyperlinks. Hexacom 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.
Third-party information resources and stock-trading facilities. Information here is provided for informational purposes only and is not intended for trading purposes. If you are contemplating trading in the securities of Hexacom, we advise you to seek independent professional advice before making any investment decisions. Hexacom does not warrant or guarantee, and has not taken any steps to verify, the adequacy, accuracy, or completeness of the tools, information, or data provided by using any of the links here, and under no circumstances will Hexacom be liable for any inaccuracies or omissions in any such tools, information, or data, any delays or errors in the transmission thereof, or any loss or damages caused by reliance on such items or the risks arising from the stock markets. Neither Hexacom nor any of its data, tool, or content providers (such as Thomson Reuters and Dow Jones) shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon. External trading services which users may access through the links on this page are services of the listed independent brokerage companies. To use these services, you need to have an existing account with such brokerage company or you will need to set up such an account with such brokerage company. Hexacom may provide links to brokerage companies for your convenience only. Hexacom is not a registered broker-dealer and does not endorse or recommend the services of any brokerage company. The brokerage company you select is solely responsible for its services to you, the user. Hexacom shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of the services of the brokerage company.
Financial-material disclosure. This Web site together with any documents issued by Hexacom and available through this Web site may contain statements that constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Those statements may appear in a number of places in this Web site (together with any documents issued by Hexacom and available through this Web site) and can be identified by the use of forward-looking terminology such as 'believe,' 'expect,' 'plan,' 'may,' 'will,' 'should,' 'anticipate' or similar statements or the negative thereof or other variations thereof. Such forward-looking statements include, without limitation, statements made as to future operations, costs, capital expenditures, cash flow, improvements in infrastructure, distribution and replenishment systems and operating efficiencies, sales and earnings estimates or trends, and expansion plans and projections. Such forward-looking statements are based on current expectations and by their nature involve known and unknown internal and external risks, uncertainties, and other factors that may cause the actual results, performance, or achievements to be materially different from those expressed or implied. The information contained in the most recent Hexacom Annual Reports to stockholders, including information contained under the section captioned 'Management's Discussion and Analysis,' as well as other information included under the caption 'Risk Factors' or in other Hexacom filings with the Securities and Exchange Commission, identifies important factors that could cause such results, performance, or achievements not to be realized. Hexacom undertakes no obligation to update forward-looking statements to reflect events or circumstances after the date such statements were made.
Disclaimer. THIS WEB SITE AND THE MATERIALS UNDER THIS WEB SITE ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HEXACOM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. HEXACOM DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEB SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. HEXACOM DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Hexacom reserves the right to change any and all content contained on this Web site at any time without notice. References to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Hexacom.
Limitation of liability. IN NO EVENT SHALL HEXACOM BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEB SITE.
Applicable laws. The laws of the state of Texas (for users located in the United States), or the laws of the Province of Alberta (for users located in Canada), or the laws of England & Wales (for users located outside the United States and Canada) shall govern the construction and interpretation of these Terms and Conditions and the rights of the parties hereunder. By accessing or placing orders under this Web site, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions and by all applicable laws and regulations, including U.S. Export control laws and regulations. Visitors who do not agree with these Terms and Conditions should not access or place orders through this Web site. Any controversy or claim arising out of or relating to your use of this Web site or any services provided hereunder shall be settled by binding arbitration to be held in the English language in Houston, Texas, USA, in accordance with the commercial arbitration rules of the American Arbitration Association (for users located in the United States), or in Calgary, Alberta, in accordance with the arbitration rules of the Alberta Arbitration Act (for users located in Canada) or in London, England, in accordance with the arbitration rules of the International Chamber of Commerce (for users located outside the United States and Canada). Any judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction. Any award rendered by the Arbitrator(s) may include costs against either Party, but under no circumstances are the Arbitrator(s) authorized or empowered to award special, punitive, or multiple damages against either Party.
Termination. Notwithstanding any of these Terms and Conditions, Hexacom reserves the right, without notice and in its sole discretion, to terminate your license to use this Web site and to block or prevent future access to and use of this Web site.
Severability. If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Language. It is at the express consent of the parties that the present agreement be written in English. C'est la demande expresse des parties que cette convention soit r dig e en anglais.
Changes to these Terms. Hexacom reserves the right to change, modify, or update these Terms and Conditions of Use, at any time without notice. The date of the latest update is presented below.
Last updated: 11 September 2018