DERRICK CORPORATION WEBSITE TERMS OF USE

 

Derrick Corporation (“Company”, “we”, or “us”, “our”) is a family-owned and operated company with a global presence focused on pioneering separation technology.  Since 1951, we have expanded our product portfolio to serve a variety of challenging markets within the mining & industrial, oil & gas drilling, and civil construction industries.  We remain committed to providing the latest technological enhancements that evolve alongside industry best practices and market developments.

 

Acceptance of the Terms of Use and Privacy Policy

 

Our website located at www.derrick.com (the “Website“) is comprised of various web pages operated by us.  The Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms of Use“).  Your use of the Website constitutes your agreement to these Terms of Use.  Please read these Terms of Use carefully, and you may choose to keep a copy of them for your reference.

 

You agree that you will comply with these Terms of Use by using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you.  You further accept and agree to be bound and abide by our privacy policy, found at http://derrick.com/privacy (the “Privacy Policy”), which is incorporated herein by reference.  If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use our Website.

 

These Terms of Use are not intended and are not to be construed to amend, modify, or supersede any other terms agreed to and accepted by you in connection with any other products or services offered by the Company.

 

No Unlawful or Prohibited Use / Intellectual Property

 

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with these Terms of Use.  As a condition of your use of the Website, you warrant to the Company that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use.  You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website, including, but not limited to, using software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology or manual work) to scrape the Website or otherwise copy data from the Website.

 

All content included as part of the Website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.  You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You shall not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website.  Company Website content is not for resale.  Your use of the Website does not entitle you to make any unauthorized use of any protected content, and in particular you shall not delete or alter any proprietary rights or attribution notices in any Website content.  You agree that you do not acquire any ownership rights in any protected content.  We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms of Use.

 

Use of Communication Services

 

The Website may contain social media features, chat areas, news groups, forums, communities, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”).  You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

 

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

 

We have no obligation to monitor any Communication Services provided in connection with the Website.  However, we reserve the right to review materials posted to a Communication Service and to remove any materials in our sole discretion.  We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 

We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

 

We advise you to always use caution when giving out any personally identifying information about yourself or others in any Communication Service.  We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.  Managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of the Company.

 

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination.  You are responsible for adhering to such limitations if you upload any such materials.

 

Materials provided to the Company or posted on any Company Website

 

We do not claim ownership of any materials you provide to us through the Website (including feedback and suggestions) or post, upload, input or submit to any Website or associated services (collectively “Submissions”).  However, by posting, uploading, inputting, providing or submitting your Submission you are granting us, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of our and their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

 

No compensation will be paid with respect to the use of your Submission, as provided herein.  We are under no obligation to post or use any Submission you may provide and we may remove any Submission at any time in our sole discretion.

 

By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

International Users

 

The Website is controlled, operated and administered by us from our offices within the USA.  If you access the Website from a location outside the USA, you are responsible for compliance with all local laws.  You agree that you will not use the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

 

To the fullest extent permitted by law, and except to the extent arising from the Company’s recklessness, gross negligence or intentional misconduct, you agree to indemnify, defend, and hold the Company and its affiliates, officers, directors, shareholders, parents, subsidiaries, employees, consultants, agents, third party service providers, licensors and licensees harmless from any and all third party claims, liability, damages and/or costs (including, but not limited to reasonable attorneys’ fees and disbursements) arising from (a) a third party claim, action or allegation of infringement, misuse or misappropriation based on information, data, files or other material submitted by you to the Company; (b) any fraud, manipulation or other breach of these Terms of Use by you; (c) any third party claim, action or allegation brought against the Company arising out of or relating to a dispute with you relating to your purchase, sale or use of any Company goods or services; (d) your violation of any law or the rights of a third party; or (e) your use of the Website or the use of your account information by any third party who obtained access to that information through no fault of the Company.  We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses.  You shall not settle any action or claims on our behalf without our prior written consent.

 

Liability Disclaimer

 

THE WEBSITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” AND THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PERFORMANCE, AVAILABILITY, CONTENTS OR FUNCTIONS OF THE WEBSITE) OR RELATING TO ANY PRODUCTS, SERVICES, ADVERTISEMENTS, OR WEBSITES ACCESSED OR OBTAINED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS AND TITLES, AS WELL AS ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE.  THE COMPANY IS UNDER NO OBLIGATION TO PERFORM ANY ADJUSTMENTS OR REPAIRS OF THE WEBSITE.

 

YOU UNDERSTAND THAT IN NO EVENT WILL THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, LICENSEES, EMPLOYEES, CONSULTANTS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT (OTHER THAN REFUNDS OR CREDITS), CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE COMPANY’S PROVISION OF THE WEBSITE, THE INABILITY TO USE THE WEBSITE OR RESULTING FROM ANY OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED, MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, EVEN IF THE COMPANY OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT PERMITTED BY LAW.  IN ANY EVENT, THE AGGREGATE LIABILITY OF THE COMPANY AND ANY THIRD PARTY SERVICE PROVIDERS UNDER THESE TERMS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

 

Termination / Access Restriction

 

We reserve the right, in our sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice.  Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of your agreement to these Terms of Use or through your use of the Website.  Our performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.

 

Arbitration

 

YOU AND THE COMPANY AGREE THAT, AT THE REQUEST OF EITHER YOU OR US, ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OF USE SHALL BE RESOLVED BY INDIVIDUAL ARBITRATION ONLY, EXCEPT THAT ANY DISPUTE OR CLAIM THAT MAY BE BROUGHT IN SMALL CLAIMS COURT OR ANY CLAIM THAT CANNOT BE ARBITRATED UNDER APPLICABLE LAW SHALL NOT BE SUBJECT TO ARBITRATION.  ANY SUCH ARBITRATION SHALL BE THE PARTIES’ SOLE AND EXCLUSIVE REMEDY.  BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT ANY SUCH DISPUTE WILL BE DECIDED BY A NEUTRAL THIRD PARTY OUTSIDE OF COURT AND THAT YOU ARE WAIVING THE RIGHTS TO SUE IN A COURT OF LAW AND TO HAVE A JURY TRIAL REGARDING SUCH DISPUTE.

 

The arbitration will be administered by the American Arbitration Association under its then current Commercial Arbitration Rules.  The arbitrator shall not have the authority to join or combine the claims of more than one person or to hear or decide any class, collective or representative action of any kind against the Company or you.  The award of the arbitrator shall be final and binding and judgment on it may be entered in any court of competent jurisdiction.  The arbitration shall take place in Buffalo, New York.  You and the Company shall pay their own filing and legal fees and other expenses, unless provided otherwise by law.  The interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act.  This provision shall survive any termination of these Terms of Use.

 

Waiver of Right to Jury Trial

 

YOU AND THE COMPANY WAIVE THE RIGHT TO A JURY TRIAL IN ANY DISPUTE OR CLAIM BETWEEN YOU AND US THAT PROCEEDS IN COURT, WHETHER OR NOT ARISING FROM OR RELATED TO THESE TERMS OF USE, AND AGREE THAT THE DISPUTE OR CLAIM WILL BE HEARD AND DECIDED ONLY BY A JUDGE.  This provision shall survive any termination of these Terms of Use.

 

Waiver of Class, Collective and Representative Actions

 

YOU AND THE COMPANY WAIVE THE RIGHT TO COMMENCE, BE A PARTY TO, JOIN OR BE AN ACTUAL OR PUTATIVE CLASS MEMBER OF ANY CLASS, COLLECTIVE OR REPRESENTATIVE ACTION OF ANY KIND IN ANY FORUM, INCLUDING IN COURT AND ARBITRATION, ARISING FROM OR RELATED TO THESE TERMS OF USE.  This provision shall survive any termination of these Terms of Use.

 

Miscellaneous

 

Governing Law.  These Terms of Use will be construed and interpreted in accordance with the federal laws of the United States of America and the applicable laws of the State of New York, without reference to its conflict of laws rules.

 

Severability.  If any portion of these Terms of Use is held to be invalid or otherwise unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be invalidated or otherwise affected.

 

Headings.  Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section.

 

Waiver.  The Company’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

 

Contact Us

 

The Company welcomes your questions or comments regarding these Terms of Use:

 

Derrick Corporation

590 Duke Road

Buffalo, New York 14225 U.S.A.

info@derrick.com

(716) 683-9010

 

Modifications

 

We reserve the right to occasionally update these Terms of Use to reflect company and customer feedback or changes to applicable law.  We encourage you to periodically review these Terms of Use for any updates.

 

Effective as of 10/16/2018.