PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. YOUR USE OF THIS SITE IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. BY USING THIS SITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY PART OF THE FOLLOWING TERMS AND CONDITIONS, YOU MUST NOT USE THIS SITE.
1. OWNERSHIP OF SITE. This site (Ingrid.intertek.com) and each of its modules (hereinafter collectively, the SITE), is the copyrighted property of Intertek USA, Inc. (hereinafter “INTERTEK”).
2. USE OF THE SITE. You may only use the SITE for legitimate business purposes and shall not use the SITE for any other purposes, including but not limited to, to generate any industrial project report. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other web site or in any environment of networked computers is prohibited.
3. LIMITATIONS ON USE. The SITE and the content provided in the SITE may not be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of INTERTEK, including but not limited to screen outputs or prints in whole or in part. Further, you may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. Any attempt to transfer any of the rights, duties or obligations hereunder except as expressly provided for in this agreement is void.
4. DISCLAIMER OF WARRANTY: INTERTEK MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SITE, ANY MATERIALS PROVIDED ON THE SITE, OR ITS QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THE SITE AND ITS CONTENT ARE DELIVERED AS-IS.
5. LIMITATION OF LIABILITY: IN NO EVENT WILL INTERTEK BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE, OR (III) THE PERFORMANCE OR NON PERFORMANCE BY INTERTEK, EVEN IF INTERTEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE FOREGOING, INTERTEK SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THIS SITE OR ITS CONTENT, THE LIABILITY OF INTERTEK SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE SUBSCRIPTION FEE AND SERVICE CHARGED FOR ACCESSING THIS SITE.
6. INDEMNIFICATION: You shall defend and indemnify INTERTEK and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of the SITE.
7. TERMINATION: In its sole discretion, in addition to any other rights or remedies available to INTERTEK and without any liability whatsoever, INTERTEK at any time and without notice may terminate or restrict your access to any component of this site.
8. INDEPENDENT CONTRACTOR: The relationship between INTERTEK and you will be that of Independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
9. MODIFICATION: INTERTEK may at any time modify these terms and conditions and your continued use of the SITE will be conditioned upon the terms and conditions in force at the time of your use.
10. ADDITIONAL TERMS: Additional terms and conditions may apply to purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions.
11. SEVERABILITY: These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
12. HEADINGS: The headings used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect the terms and conditions.
13: ENTIRE AGREEMENT: These Terms and Conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.
14. JURISDICTION: These Terms and Conditions and their performance shall be governed by the laws of the State of Texas, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Harris county, the State of Texas, United States of America, in all questions and controversies arising out of your use of the SITE and these Terms and Conditions.
