Terms and Conditions
TERMS AND CONDITIONS
This is an agreement (“Agreement”) between you and DNV GL Business Assurance USA, Inc. ("DNV GL").
By using this website (“Site”) and/or purchasing or using any of the content herein, you agree to be bound by these terms and conditions and other applicable law. Please read them carefully. If you do not accept these terms and conditions, then you may not use the Site or any of its content.
The entire content in this Site, including but not limited to text, graphics, logos, images, button icons, and/or code is the property of DNV GL and/or its content suppliers and is protected by United States and international copyright laws. The collective work includes works that are licensed to DNV GL. Copyright 2015, DNV GL Business Assurance USA, Inc. ALL RIGHTS RESERVED. The compilation of all content included in and/or made available through this Website is the exclusive property of DNVGL and protected by U.S. and international copyright laws.
All trademarks, service marks, service names, trade names, graphics, logos, page headers, button icons, and scripts (collectively, “Trademarks”), included in or made available through the Site are trademarks or trade dress of DNV GL. DNV GL's Trademarks may not be used in connection with any product or service that is not DNV GL's, in any manner that is likely to cause confusion among customers or the public, or in any manner that disparages or discredits DNV GL. Any trademarks not owned by DNV GL that appear in the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DNV GL.
License and Access
Subject to your compliance with this Agreement and your payment of all applicable fees, DNV GL grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access the Site to electronically copy and print hard copy portions of this Site for the sole purpose of placing an order with DNV GL and/or purchasing DNV GL products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own non-commercial use, to place an order with DNV GL or to purchase DNV GL products. Any other use, including but not limited to the reproduction, resale, distribution, display, transmission, or other use for commercial purposes of this Site or the content of this Site, in whole or in part, is strictly prohibited,. You further agree not to change or delete any proprietary notices from materials downloaded from the Website. All rights not expressly granted to you in this Agreement are reserved and retained by DNV GL or its content providers. Any license(s) granted by DNV GL will automatically and immediately terminate if you do not comply with this Agreement.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS DNV GL, ITS PARENTS, AFFILIATES, SUBSIDIARIES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS (COLLECTIVELY THE "SERVICE PROVIDERS") FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR INTERNET ACCOUNT.
Disclaimer of Warranties and Limitation of Liability
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS AND PRODUCTS ON THIS SITE OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. DNV GL MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS EXPRESSLY AGREED OTHERWISE BY A MUTUALLY SIGNED AGREEMENT BETWEEN YOU AND DNV GL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND THE CONTENT THEREOF IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DNV GL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DNV GL DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DNV GL DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY.
DNV GL AND ITS SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DOWNTIME, LOSS OF BUSINESS, AND/OR LOST PROFITS, , EVEN IF DNV GL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, AND ONLY IN THE EVENT THAT DNV GL MAY BE FOUND LIABLE UNDER APPLICABLE LAW, THE MAXIMUM CUMULATIVE LIABILITY OF DNV GL AND ITS SERVICE PROVIDERS SHALL NEVER EXCEED THE LESSER OF THE FEES YOU PAID TO DNV GL FOR CONTENT OR MATERIALS PROVIDED THROUGH THE WEBSITE OR USD $10,000.
In the event that a DNV GL product is mistakenly listed at an incorrect price, DNV GL reserves the right to refuse or cancel any orders placed for product(s) listed at the incorrect price. DNV GL reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, DNV GL shall issue a credit to your credit card account in the amount of the incorrect price.
Term and Termination
This Agreement and these terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. Your rights under this Agreement will automatically terminate if you fail to comply with any term of this Agreement. In case of such termination, you must immediately cease all use of the Site and the content obtained therefrom, and DNV GL may immediately revoke your access to same without refund of any fees.
These terms and conditions, or any part of them, may be replaced, modified, or terminated by DNV GL without notice at any time, for any reason.
The provisions relating to Copyright, Trademarks, License and Access, Indemnification, Disclaimer of Warranties and Limitation of Liability, Governing Law and Venue, and Miscellaneous shall survive termination.
Notices and Electronic Communications
When you use the Site, or send e-mails to DNV GL, you are communicating with DNV GL electronically. DNV GL may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to DNV GL. You consent to receive communications electronically and agree that all agreements, notices, disclosures and other communications that DNV GL provides to you electronically satisfy any legal requirement that such communications be in writing.
For communications concerning this Agreement, the Site, or the content thereof, including comments, complaints or other feedback, please contact DNV GL by e-mail at firstname.lastname@example.org.
Use of Site
If you use the Site or any of the content thereof, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You must be at least 18 years of age to use the Site.
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including without limitation a DNV GL licensed employee, host, or representative, as well as other members or visitors on the Site, is strictly prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, infringing of intellectual property rights, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
DNV GL shall have the right, but shall have no obligation, in its sole discretion, to monitor, edit, and/or remove content, to terminate accounts, to refuse service, or to cancel orders.
DNV GL does not and cannot review all communications and materials posted to or created by users accessing the Site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, DNV GL is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, DNV GL reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to DNV GL in its sole discretion.
DNV GL may provide links to sites operated by affiliated companies and third parties. However, even if the third party is affiliated with DNV GL, DNV GL has no control over these linked sites, all of which have separate privacy and data collection practices, independent of DNV GL. DNV GL DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR, AND DOES NOT WARRANT, THE ACTIONS, PRODUCT, AND CONTENT OF ANY OF THESE BUSINESSES OR INDIVIDUALS OR THE CONTENT OF THEIR WEBSITES. You should carefully review their privacy statements and other conditions of use. These linked sites are only for your convenience and therefore you access them at your own risk.
Governing Law and Venue
Your use of this Site shall be governed in all respects by the laws of the state of Texas, U.S.A., without regard to choice of law provisions. You and DNV GL agree that the 1980 U.N. Convention on Contracts for the International Sale of Goods shall not apply.
You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of DNV GL products) shall be exclusively in the state or federal courts located in Houston, Texas. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of DNV GL products) must be commenced within one (1) year after the claim or cause of action arises.
DNV GL's failure to insist upon or enforce strict performance of this Agreement or any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right.
Neither the course of conduct between you and DNV GL nor trade practice shall act to modify any of these Terms & Conditions.
DNV GL may assign its rights and duties under this Agreement to any party at any time without notice to you.
If this Agreement is translated into a language other than English, the English version will govern and prevail to the extent that there is any conflict or discrepancy.