Terms of Use

Furmanite™ Terms of Use

1. Acceptance of Terms of Use.
Please review the following terms and conditions carefully. This agreement (the “Terms of Use”) is a legally binding contract between you and Furmanite, its business units, divisions, affiliates, and subsidiaries (“Furmanite), regarding your access to and use of any Site operated by Furmanite, including any site from which you access these Terms of Use (collectively, the “Site”).

Through the Site, Furmanite offers information regarding its products, history and organization, consulting services, support services, and press releases (collectively, the “Services”). You must read, agree with, and accept all of the terms and conditions contained in these Terms of Use and the Privacy Policy. By accessing the Site and/or Services, you agree to the terms and conditions as outlined in these Terms of Use. If you do not agree to be bound by these Terms of Use, you are not authorized to use, or access the Site or the Services.

Our Services are not available to persons under 18 years of age, to individuals who cannot form legally binding contracts under applicable law, or to temporarily or indefinitely suspended Furmanite guests. If you do not qualify, you are not authorized to use or access our Site or our Services.

Furmanite reserves the right to change these terms and conditions and/or the Services from time to time at its sole discretion by posting such revised terms and conditions and Services on the Site. Your use of the Site following any such change constitutes your agreement to follow and be bound by the modified terms and conditions of these Terms of Use, if any.

Where there is a conflict between these Terms of Use and your written contract with Furmanite, the terms of your written contract with Furmanite will govern.

Any permission granted herein terminates automatically without further notice if you breach any one or more of the terms contained in these Terms of Use. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

2. Security
You agree to submit accurate, current, and complete information about you and your organization, if applicable, and promptly update such information, if applicable, when required. Should Furmanite suspect that such information is untrue, inaccurate, not current, or incomplete, Furmanite has the right, but not the obligation, to suspend or terminate your access to the Site and/or seek updated information from you.

We may use cookies and web beacons on the Site to assist users and provide statistical information to us.

3. Restricted Rights
The materials on the Site are provided with “Restricted Rights.” All use, duplication, or disclosure of the software and related documentation obtained from the Site by the government is subject to restrictions as set forth in paragraphs (c)(1)(ii) of the Rights in Technical Data Computer Software Clause at DFARs 252.22-70013 and/or subparagraphs c(1) and c(2) of the Commercial Computer Software Restricted Rights Clause at 48 C.F.R. 52.227-19 or its provision(s), as applicable. The contractor/vendor/ manufacturer is Furmanite, 10370 Richmond Avenue, Suite 600, Houston, Texas 77042. No other governments are authorized to use the materials appearing on the Site without prior written permission from Furmanite.

4. Product and Service Pricing and Availability
Furmanite will not be responsible for typographical or other errors or omissions regarding products, prices, services, or other information advertised on the Site. All product sales and promotions are subject to these Terms of Use. Promotional offers, prices, and services are for a limited time or as specified. Prices and promotions are subject to change without prior notice. Inventory and availability are subject to rapid change. Please contact Furmanite for up-to-the-minute information.

Furmanite provides links to third-party Sites on its Site for your convenience. Furmanite cannot guarantee that information, pricing, and availability of goods and/or services offered on the linked third-party websites is accurate or that it will not change. Furmanite also provides Contact information for Furmanite employees overseeing its Services for your information, however, Furmanite cannot guarantee that such contact information is current, or that the persons listed will be available to talk to you.

5. Your Conduct

You agree not to:

  • upload, transmit, post, email or otherwise make available to the Site, or the Services, any content or other material in any format that: (i) is false, inaccurate, misleading, fraudulent, unlawful (including, but not limited to, laws governing consumer protection, unfair competition, antidiscrimination, or false advertising), harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another’s privacy, libelous and/or otherwise objectionable; (ii) infringes any third party’s intellectual property, whether a copyright, patent, trademark, trade secret, or other proprietary right or rights of publicity or privacy; or (iii) contains viruses, worms, Trojan horses, time bombs, cancelbots, easter eggs, corrupted files, or any other similar software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of any data, personal information, computer software or hardware or telecommunications equipment;
  • alter, remove, or falsify any attributions or other proprietary designations of origin or source of any other content appearing on the Site or via the Services or contained in a file that is uploaded to the Site or the Services;
  • impersonate any person or entity, including, but not limited to, any Furmanite official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • attempt, through any means, to gain unauthorized access to the Site or the Services, or another user’s account on the Site and/or the Services;
  • use any robot, scraper, spider, other automatic device, or manual process to monitor or copy any information or content contained in the Site and/or the Services without our prior express written permission. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission is prohibited;
  • take any action that imposes an unreasonable or disproportionately large load on the Site’s and/or Services’ infrastructure;
  • create liability for Furmanite or cause Furmanite to lose (in whole or in part) the services of its information technology partners or other suppliers; or
  • consummate any transaction that was initiated using the Services that, by paying to Furmanite a fee or other consideration, would cause Furmanite to violate any applicable law, statute, ordinance or regulation, or that violate these Terms of Use or the Privacy Policy

The use of any device, software, or routine that interferes or attempts to interfere with the proper working of the Site or the Services is expressly prohibited.

6. Proprietary Rights Restrictions

  • All material on the Site, including, without limitation, all informational text, design of and “look and feel,” layout, photographs, graphics, audio, video, messages, interactive and instant messaging design and functions, files, documents, images or other materials (collectively, the “Materials”), whether publicly posted or privately transmitted, as well as all derivative works, are owned by Furmanite or other parties that have licensed their material to Furmanite, and are protected by copyright, trademark, and other intellectual property laws. Furmanite disclaims any proprietary interest in copyrights, trademarks, service marks, logos, slogans, domain names and trade names other than its own. Trademarks, logos, images, audio, and service marks displayed on the Site are the property of either Furmanite or other third parties; you agree not to display or use such property without Furmanite’s prior written permission.
  • The Materials on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the prior consent of Furmanite. Any modification of the Materials, use of the Materials on any Site or networked computer environment, or use of the Materials for any purpose other than personal, non-commercial use, without the prior consent of Furmanite, is a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited.
  • If you have accessed the Site, Furmanite grants to you a personal, non-exclusive, non-transferable license to use and display the audio and visual information, documents, products and software contained in or made available through the Services solely for your own personal use. All rights not expressly granted herein by Furmanite to you are reserved by Furmanite and/or its licensors.
  • The Services available on the Site are the copyrighted work of Furmanite and/or its suppliers. Use of the Services is governed by the terms of the end user license agreement or purchase agreement, if any, which accompanies or is included with the Services, and by the contract, if any, in effect between Furmanite and you and/or your company that is the party in a separate license agreement. By downloading or otherwise receiving any Services, you agree to be bound by the terms of the license agreement, these Terms of Use, and the contract between Furmanite and your company.
  • Furmanite alone shall own all right, title, and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, recommendations, comments, posting, or other information provided by you relating to the Site and/or the Services (“Submissions”), and you agree to assign such Submissions to Furmanite free of charge. Furmanite may use or not use such Submissions as it deems appropriate in its sole discretion.

7. Links with Other Websites
The Site contains links to third-party websites as an accommodation to you. The Site can also be accessed through links contained on third-party websites. The third-party linked websites are not under the control of Furmanite. Furmanite does not endorse, adopt, or undertake any responsibility for the content or privacy practices of any third-party website, including, but not limited to, information provided at third-party websites that may link the user to the Site. If you have accessed the Site through a third-party link, you are still bound by the terms and conditions of these Terms of Use. In no event shall Furmanite be responsible for any content or other materials on or available on any third-party websites.

8. Indemnification
You agree to indemnify, hold harmless and release Furmanite (and its employees, officers, directors, stockholders, agents, licensors and their respective successors and assigns), from and against any and all claims, damages, costs and expenses, including reasonable attorney’s fees, arising from or related to your use or misuse of the Site, the Services, and/or any content contained therein or provided thereby, including, but not limited to, information from third-party websites linked to the Site.

9. Local Laws and Export Controls
The Site and the Services may provide goods and/or services and/or use software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of the European Union. You acknowledge and agree that the Site shall not be used, and none of the underlying information, software or technology may be transferred or otherwise exported or re-exported to Afghanistan, Burma, Cuba, Iraq, Iran, Libya, Sudan or any other country to which the United States and/or the European Union maintains an embargo (collectively, the “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, the “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or a Designated National.

This Site may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000.

10. Changes to the Site
Furmanite reserves the right to modify, suspend or discontinue all or any portion of the Site and/or the Services at any time, without notice. Unless stated otherwise, any new features to the current Site or Services shall be subject to these Terms of Use. The Site is currently accessible to users without charge; however, Furmanite reserves the right to charge users for access to or use of any portion of the Site or the Services in the future.

11. Failure to Abide by These Terms
Furmanite may, in its sole discretion, remove your information from its database, warn Furmanite’s community of your actions, issue a warning, suspend or terminate your access to and any current activities at the Site immediately, without notice to you, and refuse to provide our Services to you if you breach these Terms of Use, or if we are unable to verify or authenticate any information that you provide to Us, or if we believe your actions may cause financial loss or legal liability for you, Furmanite’s other guests or users, or us. Furmanite reserves the right, in its sole discretion, to refuse access to any user at any time to those portions of the Site that require registration. You agree that Furmanite shall not be liable to you or any third party for any termination of your access to any Material, Content, the Services, and/or the Site.

12. Dispute Resolution; Governing Law; Consent to Jurisdiction
Any controversy or claim arising out of, or relating to, these Terms of Use, or the breach thereof, shall be settled by binding arbitration in accordance with the commercial arbitration rules then in effect of the American Arbitration Association, and judgment upon the award rendered may be entered in any court having jurisdiction thereof. The arbitration proceedings shall be conducted in Harris County, Texas. You on the one hand and Furmanite on the other hand shall select an arbitrator from a list provided by the American Arbitration Association that is mutually satisfactory to them. If you and Furmanite are unable to agree on an arbitrator, you and Furmanite shall each choose an arbitrator from a list provided by the American Arbitration Association. The two arbitrators so selected shall then select a third arbitrator mutually satisfactory to them from the list provided by the American Arbitration Association. The single arbitrator so selected by the aforesaid procedure shall hear the dispute and decide it. The award of the arbitrator shall be binding and final on all parties. Any and all legal, accounting and other costs and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

These Terms of Use shall be governed by and construed under and pursuant to the laws of the State of Texas applicable to contracts made and to be performed entirely within such State without regard to Texas’s conflicts of laws principals. Any and all litigation concerning any dispute arising under or in connection with these Terms of Use shall be filed and maintained only in a state or federal court located in Harris County, Texas and by accessing the Site, the parties consent to the jurisdiction of the State of Texas.

13. Furmanite Privacy Policy
Furmanite is dedicated to providing a safe and secure environment for consumers. Although Furmanite is not a “financial institution” that is governed by the Privacy of Consumer Financial Information Rule of the Gramm-Leach-Bliley Act, Furmanite is committed to respecting the privacy rights of guests of the Site. For more information, please see our full Privacy Policy.

14. Notices and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Furmanite’s Designated Agent at support@furmanite.com. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE RESPONSE.

15. Miscellaneous
You and Furmanite are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.

If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms of Use, which shall remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only.

BY ACCESSING THE SITE OR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS.

Except as explicitly stated otherwise, any notices shall be given, if to Furmanite, by postal mail to Furmanite Inc. Attn: Francisco Callegari, or, if to you, using the email address you provide to Furmanite. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address you have provided to Furmanite. In such case, notice shall be deemed given three (3) days after the date of mailing.

THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT AND THE DIGITAL MILLENNIUM COPYRIGHT ACT.


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