- The purpose of Inspectioneering.com is to provide a convenient resource for professionals concerned with asset integrity in the oil and gas, chemical, and process industries to continuously educate themselves and exchange information with similar professionals around the world. Inspectioneering's services are designed to help people connect, share ideas, learn, and find new opportunities in their respective industries; however, full use of these services are reserved exclusively to current, paid-up Inspectioneering subscribers. This Agreement is applicable to any person that accesses Inspectioneering.com, whether a visitor, registered non-subscriber, or subscriber, hereby collectively referred to as "User[s]."
- Inspectioneering, LLC., a limited liability company organized and existing under the laws of the State of Texas, henceforth referred to as "Inspectioneering," hereby grants to you a limited license to access and use Inspectioneering.com, expressly conditioned upon your agreement to the following terms and conditions as set forth in this Agreement. Furthermore, any reference to Inspectioneering in this Agreement consists of products and services, including but not limited to, Inspectioneering.com, Inspectioneering Journal, and Inspectioneering Turnaround. Your license is non-exclusive, non-assignable, non-transferable, and is provided and expressly conditioned upon your agreement to all of the terms and conditions set forth herein.
- INSPECTIONEERING'S RIGHTS AND OBLIGATIONS
- Availability of Services: Inspectioneering will strive to bring you great service and will continuously seek to improve the services offered. For that reason, some or all of Inspectioneering.com's services may become temporarily unavailable from time to time. In this event, Inspectioneering will attempt to minimize the lapse in use of Inspectioneering.com and mitigate inconveniences you suffer as a result. If you experience any issues with interruption in your service, please contact Inspectioneering immediately.
Furthermore, Inspectioneering may modify its services at any time and without notice. This includes adding more or expanding services, in addition to removing or limiting other services. Inspectioneering has no obligation to store or maintain any content you or other Users have provided during use of its services.
- Third Parties: This website contains content provided by third parties, including other Users, Advertisers, and Sponsors. Inspectioneering is not responsible for ensuring that third party material submitted to and included on Inspectioneering.com is accurate and complies with applicable laws. Moreover, Inspectioneering is not responsible for inaccuracies, acts, omissions, illegality, errors, or statements made by third parties in conjunction with Inspectioneering.com. Furthermore, Inspectioneering does not warrant or vouch for any products, services, or the accuracy of any statements or information provided by third parties. You agree that Inspectioneering is not responsible for, and does not control, the sites, services, products, or statements of third parties.
Advertisements and sponsorships include, but are not limited to, any third party advertisements and Expo pages located on Inspectioneering.com. The purpose of these advertisements and the information provided on Expo pages is merely to inform Users. Inspectioneering does not vouch for, warrant, or certify any of the products or services of, or claims, warranties, statements made by the advertising or exhibiting entities, their employees, or agents. Furthermore, Inspectioneering expressly removes itself from any relationship(s) that has/have formed or form(s), whether contractual or otherwise, between User, User's employer, or any other party and an advertising/exhibiting individual or entity.
- User Information Disclosure: You acknowledge, consent and agree that Inspectioneering may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Inspectioneering, our Users or the public.
- User-to-User Interaction: You are solely responsible for your interactions with other Users. Inspectioneering reserves the right to: (1) limit the amount of interaction you may have with other Users; (2) prohibit you from contacting other Users through the use of our services; and (3) restrict, suspend, or terminate your account if Inspectioneering determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
- USER'S RIGHTS AND OBLIGATIONS
- The following actions are expressly prohibited on Inspectioneering.com, including but not limited to engaging in, posting, uploading, messaging, transmitting, submitting, or otherwise making available:
- Sales or marketing activity or content, or any activity that only serves a commercial purpose, unless explicitly permitted by Inspectioneering (this provision does not apply to Inspectioneering Expo member companies or Inspectioneering advertisers, so long as the actions are in accordance with the scope of promotion permitted in the Expo and/or advertising contract[s]);
- Inappropriate, inaccurate, dishonest, objectionable, or unprofessional content or activity;
- Harassment, abuse, harm, or threats directed at another User;
- Unwelcomed solicitations;
- Any activity that infringes upon another person's copyright, trademark, or other proprietary rights.
- License: You understand and agree that you are the only individual that may access your Inspectioneering.com account.
- Inspectioneering Provided Content: All content, including text, graphics, images, video, metadata, design, organization, compilation, look and feel, advertising, and all other protectable intellectual property, found on Inspectioneering.com is the protected property of Inspectioneering, advertisers or licensors. Users may not, without written consent from Inspectioneering, LLC., sell, publish, distribute, retransmit, or otherwise provide access to Inspectioneering content to any non-subscriber. Furthermore, you may not store any of the content found on Inspectioneering.com or in the Inspectioneering Journal on your business or personal devices without express permission from Inspectioneering.
- User Generated Content: All content, information, images, graphics, links you or any other User submits as part of a discussion, comment, or in creation of a profile is referred to as "User Generated Content" in this Agreement.
You understand and agree that all User Generated Content represents the advice or opinion of the submitting User. You are responsible for all decisions related to the topics covered within Inspectioneering Journal and Inspectioneering.com, and only at your own risk shall you rely on the information, opinions, statements, or recommendations found on Inspectioneering.com, whether generated by Inspectioneering or other Users. Inspectioneering does not endorse any recommendation or opinion made by any User. Inspectioneering reserves the right to screen, edit, remove, and review User Generated Content and may do so without notice. Please read all content and messages found on Inspectioneering.com with great care and caution, and be aware that User Generated Content may be deceptive, misleading, or erroneous.
You own the information you submit on Inspectioneering.com. By submitting, posting, or uploading User Generated Content, you represent that you have the legal right(s) to do so and your action will not violate any law or the rights of another person or entity, including but not limited to confidential or proprietary information. You agree that upon submitting, posting, or uploading User Generated Content, you grant Inspectioneering, our affiliates, and successors a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable right to license and use, distribute, publicly perform, display, reproduce, and create derivative works from your User Generated Content in any and all media, in any manner, in whole or part, without any duty to compensate you. You also grant Inspectioneering the right to authorize the use of your contribution, or any portion thereof, by Users or other Users in accordance with the terms and conditions set forth in this Agreement.
- Eligibility: To be eligible to use the services provided by Inspectioneering, you must meet and warrant that you: (1) are 18 years of age or older; (2) are not a competitor of Inspectioneering or using the services to compete with Inspectioneering; (3) have full rights and power to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (4) will not violate any rights of Inspectioneering, including copyright and trademark rights; and (5) agree to provide at your cost all equipment, software, and internet access necessary to use Inspectioneering.com.
- Indemnification: You irrevocably covenant, promise, and agree to indemnify, defend and hold harmless Inspectioneering, our licensors, licensees, distributors, agents, representatives and other authorized Users, from and against all damages, losses, and costs (including, but not limited to, legal fees, settlement costs, and any other fees incurred in the investigation or defense of any actions or threatened actions) relating to all third party claims caused by your failure to comply with this Agreement, including but not limited to, any and all claims for copyright, slander, libel, and trademark violations.
- Registered Users and Login Credentials: An individual registered account is limited to use by a single User, i.e. one person to one account. Companies and/or individuals are not permitted to share individual accounts. You agree to keep your password secure and confidential at all times. You agree not to permit any other(s) to access your account and that you will not access the account of another User. If a company desires access for multiple users, please contact us about corporate licensing or purchase separate online access for each individual user. If login credentials are misplaced or become known by a party other than yourself, you agree to change your password by using the feature provided on Inspectioneering.com or by notifying Inspectioneering at firstname.lastname@example.org.
- Payment: Full access to the content on Inspectioneering.com is available through subscription only. All online payments are processed through Stripe and Inspectioneering will not have access to any credit card information. You agree to pay all applicable fees and taxes (including, but not limited to, VAT, sales, or use taxes) related to your account. In the event that your account is tied to a Corporate License, the licensee company is responsible for applicable fees and taxes (including, but not limited to, VAT, sales, or use taxes) related to the Corporate License account. Failure to pay any applicable fees and/or taxes may result in suspension or termination of your account. In any event, your access will end upon expiration of your subscription or Corporate License subscription, unless renewed prior to expiration. Any access to the subscriber-only content of Inspectioneering.com by a non-paying non-subscriber is expressly forbidden.
- User-to-User Communication and Interaction: You understand that all information you voluntarily submit, whether in the form of comment, forum discussion, message to another User, or any other means of communication on Inspectioneering.com may be seen by other Users. We make no guarantees as to whether or not another User will use your ideas or information, and we are not responsible for misuse or misappropriation of such ideas or information. Please do not share any information you wish to keep confidential.
- Notification of Violation of this Agreement: If you violate or have knowledge that another User has violated this agreement, whether the violation was undertaken under controlling law, you agree to notify us within 7 days of the violation or learning of the violation with as much detail necessary to explain and substantiate such violation.
- DISCLAIMER: YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND CONTENT PROVIDED BY INSPECTIONEERING IS ON AN "AS-IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INSPECTIONEERING AND ITS AFFILIATES, EXPLICITLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. INSPECTIONEERING.COM AND THE INSPECTIONEERING JOURNAL CONTAIN OPINIONS, STATEMENTS, RECOMMENDATIONS, AND INFORMATION FROM THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. INSPECTIONEERING DOES NOT ENDORSE OR MAKE ANY REPRESENTATIONS AS TO THE ACCURACY, RELIABILITY, COMPLETENESS OR CREDIBILITY OF ANY OPINION, STATEMENT, RECOMMENDATION OR OTHER CONTENT CONTAINED IN, UPLOADED TO, OR DISTRIBUTED THROUGH ANY OF ITS SERVICES. INSPECTIONEERING DOES NOT MAKE ANY WARRANTIES AS TO THE RESULT THAT MAY BE OBTAINED FROM USE OF ANY CONTENT FOUND ON INSPECTIONEERING.COM OR IN INSPECTIONEERING JOURNAL. INSPECTIONEERING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OR MERCHANTABILITY OF ANY PRODUCTS OR SERVICES REVIEWED, DISCUSSED, OR ADVERTISED THROUGH ONE OF ITS SERVICES. YOU ACKNOWLEDGE THAT YOU WILL RELY ON ANY SUCH OPINIONS, STATEMENTS, RECOMMENDATIONS, INFORMATION, PRODUCT REVIEWS, AND OTHER CONTENT SOLELY AT YOUR OWN RISK.
- LIMITATIONS OF LIABILITY: INSPECTIONEERING, LLC AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS, WILL IN NO EVENT BE HELD LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THIS WEBSITE, OR ANY OTHER PRODUCT OR SERVICE OF INSPECTIONEERING.COM, FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUES, OR ANY OTHER LOSSES, WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE AFOREMENTIONED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. YOU UNDERSTAND AND AGREE THAT ALL INFORMATION PROVIDED BY INSPECTIONEERING IS STRICTLY ADVISORY, AND MEANT FOR INFORMATIONAL PURPOSES, AND ANY CONTENT DOWNLOADED, RELIED UPON, AND/OR UTILIZED BY WAY OF INSPECTIONEERING.COM OR THE INSPECTIONEERING JOURNAL IS DONE SO AT YOUR OWN RISK, AND YOU WILL BE SOLEY RESPONSIBLE FOR ANY DAMAGES CAUSED BY SAID CONTENT.
- TERMINATION OF THIS AGREEMENT
- Mutual rights of termination: You may, at any time, delete your account. Termination will be effective upon Inspectioneering processing the termination request. If you are a subscriber to Inspectioneering Journal, termination will not interfere with receipt or print versions of Inspectioneering Journal that you are owed.
- Misuse of Services: We may restrict, suspend, or terminate the account of any User that abuses or misuses the services we provide. This includes committing any illegal act, abusing other Users, making inappropriate or inflammatory comments, allowing others to use your service, or any other behavior that we, in our sole discretion, deem contrary to our purposes or violative of the rights of others.
- Effect of Termination: Upon termination of your Inspectioneering.com account, you lose access to the online services provided by Inspectioneering, LLC. The terms of this Agreement shall survive any termination, except Section 2 ("Inspectioneering's Rights and Obligations") and Section 3 ("User's Rights and Obligations") hereof.
- Expiration of Subscription: Full access subscribers may suffer a lapse in their subscription if renewal is not made prior to 15 days before the expiration of your subscription. In the event that you allow your subscription to expire, you will no longer have access to the full archive of Inspectioneering Journal or any other subscriber services.
- DISPUTE RESOLUTION: You agree that any and all actions, whether in law or equity, that arise out of or are related to the terms of this Agreement, use of Inspectioneering Journal, or use of Inspectioneering.com shall be filed, and that venue properly lies, only in state or federal courts located in Houston, Texas, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
- GENERAL: This Agreement contains the final and entire Agreement between you and Inspectioneering regarding your use of its services and supersedes all previous and contemporaneous agreements regarding your use. You may not assign this Agreement or any rights or obligations hereunder and any purported assignment shall be deemed ineffective. Inspectioneering may assign any or all rights and obligations under this Agreement at any time and without notice.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision(s) will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if court or arbitrator finds the modified provision invalid, illegal, void, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not be affected in any way.
You are not entitled to and shall not seek rescission, injunctive relief, equitable relief, or any other action that that will hinder our services, exploit advertising, or exploit any material available through our services.