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| Supplier and Contractor Portal Terms of Use |
Bechtel Corporation offers the Supplier and Contractor Portal for
the exclusive use of suppliers and contractors to the engineering and construction
industry. Use of the Supplier and Contractor Portal and any programs or content
contained therein by visitors or by registered users (see III below) of the Supplier
and Contractor Portal is subject to the following terms and conditions for use,
or "Terms of Use".
If you do not wish to agree to these Terms of Use, do not access or
use any part of this Site. |
- Proprietary Materials
The entire contents of this Site (including all online learning solutions, information,
software, text, displays, images and audio) and the design, selection and arrangement
thereof (collectively, the "Content") are proprietary to Bechtel or its
content providers or licensors, and are protected by the copyright laws of the United
States and international agreements.
Except as expressly provided for in these Terms of Use or in the Supplier and
Contractor Portal, any modification or use of any Content for any other purpose
constitutes an infringement of Bechtel's intellectual property and other proprietary
rights. Other than as required to facilitate your personal business use, you may
not reproduce, perform, create derivative works from, republish, transmit or distribute
any Content from this Site.
Bechtel and the associated logos and other marks clearly identified in this Site
are trademarks. You may not use such marks without Bechtel's prior written permission.
All other names, brands and marks are used for identification purposes only and
may be trademarks or registered trademarks of their respective owners.
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Visitors and Registered Users
Use of this Site or any of its Content provided by or through this Site constitutes
acceptance of these Terms of Use and of the Bechtel Privacy Policy, whether the
user is a visitor or a registered user with a User ID and a password. Failure to
comply with these Terms of Use may result in the immediate termination of access
and use of this Site. Bechtel expressly reserve the right to make changes to these
Terms of Use, the Privacy Policy and this Site and its Content, at any time, without
prior notice.
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Authorized Users
General use of this site is restricted to contractors and suppliers (manufacturers,
manufacturer’s representatives and/or distributors of products) to the engineering
and construction industry. Within this site, resides Content that is available to
all authorized users, as well as Content that is available only to registered users
of the Supplier and Contractor Portal.
- Use of the Supplier and Contractor Portal
- Security
As a registered user of the Supplier and
Contractor Portal you will be assigned a log-in or company ID (your "User ID")
and a password and will be responsible for maintaining their confidentiality. You
are responsible for all access and any activity that occurs through use of your
User ID and password and agree to notify Bechtel immediately if you become aware
of any unauthorized use of your User ID or password or any other breach of Site
security. Bechtel is not liable for any loss or damage arising from any unauthorized
access or use of your User ID and password.
- Consents
Before using the Supplier and Contractor
Portal, you must obtain all required consents and approvals from the company sponsoring
your use of the Supplier and Contractor Portal, and from any customers, clients
and other third parties who may be affected by, or may need to consent to, your
access to and use of the Supplier and Contractor Portal and any of the services
provided through it.
- Results
Although the Supplier and Contractor Portal
and the learning solutions and applications provided through it are intended to
be educational, neither Bechtel nor its affiliates or any third party makes any
promises, covenants, representations or warranties that you or any other user of
the Supplier and Contractor Portal will obtain any particular results, including,
but not limited to, mastery of any particular skill or area of expertise, achievement
of a passing score on any examination, or achievement of any other tangible result.
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Usage Restrictions
Use of this Site and the Content must be in strict accordance with these Terms of
Use, any other terms applicable to the various features of this Site and all applicable
laws, rules, and regulations. User agrees not to: (a) restrict or inhibit any other
authorized user from using and enjoying this Site; (b) attempt to circumvent the
security measures of this Site; (c) post or transmit any information, software or
other material that is fraudulent or violates or infringes the rights of others,
including material that violates privacy or publicity rights, or infringes copyright,
trademark or other proprietary rights; (d) use any Supplier and Contractor Portal
resource for commercial purposes not expressly permitted by these Terms of Use;
(e) impersonate any person or entity or falsely state or otherwise misrepresent
your professional or other affiliation with any person or entity; (f) resell, redistribute,
broadcast or transfer any information derived from the Supplier and Contractor
Portal; or (g) post or transmit anything constituting or encouraging conduct that
would constitute a criminal offense, give rise to civil liability or otherwise violate
any domestic or international law. User agrees that the Supplier and Contractor
Portal and all Content provided therein will not be used for any unlawful purpose.
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External Links
For your convenience, hyperlinks may be provided on this Site that link to other
websites. Bechtel does not sponsor or endorse such websites. By using this site,
you acknowledge and agree that Bechtel is not responsible for, and has no liability
with respect to, any aspect of such sites or, the treatment of your personally identifiable
information by such sites.
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Dealings with Merchants
If you choose to correspond, participate in a
promotion or engage in transactions with any
company found on or through this Site, you
acknowledge and agree that the terms of your
interaction with any merchant are solely between
you and such company. You agree that Bechtel
will have no responsibility or liability for any
loss or damage of any kind that you may suffer
as the result of any such interaction.
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Downloading Materials
You assume the full responsibility and risk for any damage resulting from your downloading
of any information, software or other materials through this Site. It is your responsibility
to take precautions to ensure that anything that you may download or otherwise select
for your use is free of viruses and other destructive materials.
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Indemnification
You agree to indemnify, defend and hold Bechtel, its subsidiaries, affiliates, contractors,
suppliers, co-branders and other partners, and their officers, directors, employees
and agents harmless from and against all claims, demands, suits or other proceedings,
and all resulting loss, damage, liability, cost and expense (including reasonable
attorneys' fees), of any third party due to or arising out of content, data or information
you submit, or post to or transmit through this Site, your access to and use of
the Content, your violation of these Terms of Use, or your violation of any rights
of another. You agree to assume exclusive defense and control of any matter subject
to indemnification by you. All rights and duties of indemnification set forth herein
shall survive termination of these Terms of Use.
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Disclaimer
THIS SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS," "AS AVAILABLE"
BASIS, "WITH ALL FAULTS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF
ANY KIND. BECHTEL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS
OR IMPLIED, WITH RESPECT TO THIS SITE AND THE CONTENT, AND THE USE THEREOF, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, CURRENCY AND
AVAILABILITY OF THIS SITE OR OF ANY CONTENT, AND WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
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Limitation of Liability
Bechtel shall not be liable for any loss, cost, damage or other injury, whether
in contract, tort, negligence, strict liability or otherwise, arising out of or
in connection with (a) your use of or reliance on, or your inability to use or rely
on, this Site and the Content, (b) Bechtel's performance of its obligations under
or in connection with these Terms of Use, (c) access to or alteration of your personally-identifiable
information or other information in an unauthorized manner, (d) representations
or conduct of any third party related to this Site, including our advertisers and
business partners, (e) any action or inaction of any other user of this Site, or
(f) your purchase and use of any goods or services provided by third parties through
Bechtel or this Site. UNDER NO CIRCUMSTANCES SHALL BECHTEL BE LIABLE FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR SIMILAR DAMAGES OR COSTS,
INCLUDING, BUT NOT LIMITED TO (A) LOSS OF PROFITS OR DATA, (B) LOSS OF GOODWILL,
(C) LOSS OF OR DAMAGE TO PROPERTY, AND (D) CLAIMS OF THIRD PARTIES ARISING OUT OF
OR IN CONNECTION WITH THESE TERMS OF USE, THE USE, COPYING OR DISPLAY OF THIS SITE
OR THE CONTENT, TRANSMISSION OF INFORMATION TO OR FROM THIS SITE OVER THE INTERNET,
OR ANY OTHER CAUSE BEYOND THE CONTROL OF BECHTEL.
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Intellectual Property Rights/Infringement
If you are a copyright or trademark owner and you believe that your work has been
copied in a way that constitutes copyright or trademark infringement, please contact
our designated agent, Mr. Clive Chandler, at:
E-mail: cxchandl@bechtel.com
Postal Mail: Bechtel Corporation
P.O. Box 193965
San Francisco, CA 94119-3965
DMCA Officer
Telephone: (415) 768-5758
Our agent information is provided pursuant to the Digital Millennium Copyright Act,
17 U.S.C. § 512(c)(2).
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Submissions
Comments and recommendations are encouraged. However, Bechtel requests you not to
submit any creative materials to avoid future misunderstandings should projects
developed by Bechtel seem to be similar to your creative works. By submitting information
and material to this Site or to Bechtel, whether by e-mail or through use of this
Site, or submitting or posting feedback, questions, comments, suggestions, ideas,
graphics, text, software or computer files of any type, you thereby expressly grant,
or warrant that the owner of such material has expressly granted, Bechtel a royalty-free,
perpetual, irrevocable, non-exclusive right and license to use, make and have made,
reproduce, modify, adapt, publish, translate and distribute such material (in whole
or in part) worldwide and to incorporate it in other works in any form, media or
technology now known or hereafter developed, subject to the Bechtel Privacy Policy
as set forth on this Site.
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Compliance with Law
You access this Site and the Content provided on this Site at your own initiative.
In connection with your use of this Site and that of any person authorized by you
to use this Site, you are responsible for compliance with all applicable laws, regulations
and policies of all relevant jurisdictions. Recognizing the global nature of the
Internet, you agree to comply with all applicable local rules regarding online conduct
and acceptable content. You expressly agree to comply with all applicable laws regarding
the transmission of data or information out of the country in which you reside.
You further agree not to upload to this Site any data or software that cannot be
exported without prior written government authorization, including, but not limited
to, certain encryption software. These assurances and commitments by you shall survive
termination of this Agreement.
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Miscellaneous
You agree that these Terms of Use and any operating rules posted on this Site describe
the entire agreement between us with respect to their subject matter. This Site
was created and is operated under the laws of the State of California. The laws
of the State of California will govern these Terms of Use, without giving effect
to any principles of conflict of laws.
You acknowledge and agree that the warranty disclaimers and liability and remedy
limitations in these Terms of Use are material terms of these Terms of Use and that
they have been taken into account in the decision by Bechtel to provide the Supplier
and Contractor Portal and the other areas of this Site. You may not assign any
of your rights, obligations or privileges under these Terms of Use without the prior,
written consent of Bechtel. If a court of competent jurisdiction finds that any
provision of these Terms of Use is invalid or unenforceable, we both agree that
the other provisions of these Terms of Use will remain in full force and effect.
You agree that, regardless of any applicable law to the contrary, you cannot file
a claim or cause of action arising out of or related to this Site or these Terms
of Use more than one (1) year after such claim or cause of action arose. Venue for
any such claim or cause of action shall be any court in San Francisco, California.
YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND THE PRIVACY
POLICY REFERENCED HEREIN.
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| Supplier and Contractor Portal Privacy Policy |
We strive to protect the privacy of users of this site, and will treat in a professional
manner any information collected. However, we do not guarantee privacy and cannot
guarantee against unauthorized access to the site. We therefore discourage you from
providing us with information that you consider confidential. We will not intentionally
disclose your information to a third party unless required to do so by law. By using
this site to provide us with your personally identifiable information, you consent
to our collection and storage of that information. We may store that information
and use it to contact you if suitable for content updates and enrollment reminders.
Information may be stored on your computer in the form of session cookies to assist
your navigation through the site. This site may contain links to other sites whose
privacy policies and/or practices we do not control. |
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