Please read the following terms and conditions of use carefully before using this Web site. YOUR USE OF THIS WEB SITE CONSTITUTES AGREEMENT TO THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SITE.
YOUR USE OF, BROWSING, LINKING TO OTHER SITES, AND DOWNLOADING IN THIS WEB SITE IS AT YOUR OWN RISK. THE MATERIALS ARE PROVIDED "AS IS." NOV MAKES NO REPRESENTATIONS, EXTENDS NO WARRANTIES, EITHER EXPRESS OR IMPLIED, AND ASSUMES NO RESPONSIBILITIES WHATSOEVER WITH RESPECT TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR SUITABILITY, COMPLETENESS OR ACCURACY OF THE MATERAILS, NON-INFRINGEMENT, OR OF ANY CONTENTS THEREIN. NOV EXTENDS NO WARRANTY CONCERNING THE RESULTS OR EFFECTS OBTAINED THROUGH THE USE OF THE MATERIALS AND NOV DOES NOT WARRANT THAT THIS SITE OR SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USER IS SOLELY RESPONBSIBLE FOR ANY DAMAGE TO ITS COMPUTERS OR OTHER SYSTEMS OR LOSS OF DATA THAT MAY RESULT FROM USE OF OR DOWNLOADING ON THIS SITE. IN NO EVENT SHALL NOV BE LIABLE FOR LOSS OF PROSPECTIVE PROFITS, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES TO THE USER OR A THIRD PARTY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE USER ASSUMES THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION AFTER VISITING THIS WEB SITE AND/OR DOWNLOADING ANY MATERIALS.
NOV shall not be responsible for, and shall have no obligation to User with respect to, any claim arising from or in any way related to or resulting from, User's access to, possession of, use of, or inability to use, failure of performance, or errors or omissions in, this Web site or the Materials. In no event, shall NOV, its officers, directors, employees, or representatives, or its parents, affiliates, or subsidiaries, and their respective officers, directors, employees, or representatives, be liable for any lost profits, lost savings, lost revenue, or indirect, incidental, special, exemplary or consequential damages, or direct damages arising from or in any way related to or resulting from the use of, or the inability to use the Materials, this Web site, or errors or omissions in the content of the Materials whether based on contract, tort, strict liability or other form of action, even if there is negligence on NOV’s part or NOV is advised of the possibility of such losses or damage. Notwithstanding the foregoing, in no event shall NOV’s cumulative liability to any User exceed the total amount paid by User to access this site. In no event, shall NOV be liable for any lost profits, lost savings, lost revenue, or indirect, incidental, special, exemplary or consequential damages, arising from or in any way related to, any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line failure. NOV shall have no liability for loss of data or documentation, it being understood that User is responsible for reasonable backup precautions.
If any User wishes to engage in hedging, derivative, physical or other commodity related "Transactions" with National Oilwell Varco or its affiliates acting as a principal, prior to doing so the User will execute a separate agreement (such as a swap agreement, ISDA, confirmation, physical commodity purchase or sale agreement, or otherwise), in form and substance satisfactory to both parties, which will set forth terms and conditions for engaging in such Transactions. Such Transactions, if any, will be governed solely by the agreements covering such Transactions and shall not be affected in any manner by this site. Users should rely exclusively on their own counsel, accountants and other similar expert advisors for legal, accounting, tax and other similar expert advice concerning specific Transactions, or hedging strategies. NOV is not furnishing advice concerning specific Transactions or hedging strategies to Users of this site. In this regard, User acknowledges and agrees that (i) NOV and its affiliates may enter into Transactions with Users or other counterparties, (ii) if NOV and its affiliates contract with such Users or counterparties in respect of such Transactions, it will be as independent third parties on an arms-length basis and nothing relating to this site shall be construed as creating a fiduciary or other advisory relationship between any User and NOV and its affiliates in respect of any such Transactions, and (iii) the User will take advice from third parties (including legal, financial, tax and accounting advisors with respect to legal, financial, tax, accounting and similar matters as such User deems appropriate in connection with their entering into and maintaining their position in such Transactions and will not rely on NOV in connection with such matters.
Materials on this Web site may be subject to export controls imposed by the United States of America or other jurisdictions which restrict exportation, including via downloading or printing from international locations. As a User of this site, you acknowledge that you are familiar with the United States Department of Commerce regulations concerning the export or re-export of United States source technical data, or the direct product thereof, to unauthorized destinations. You represent that you will comply with all applicable Export Control laws with respect to the Materials; for example, you will not (1) export or re-export Materials to prohibited destinations nor to restricted persons; nor (2) engage in any restricted activity in violation of any applicable Export Control law. You represent that you will not use any Materials, nor permit or knowingly assist others in their use, for any purposes prohibited by applicable Export Control laws. You further represent that if you download or print any Materials content, you are not located in, are not under the control of, and are not a national or resident of any country to which the United States has placed an embargo, including, but not limited to, Cuba, Iraq, Libya, North Korea, Iran and Syria, and that you are not on the U.S. Treasury Department's Specialty Designated Nationals List or the U.S. Commerce Department's Table of Deny Orders.
These Terms and Conditions shall be construed in accordance with the laws of the State of Texas, USA, without regard to conflicts of law principles that would require application of any other law. NOV’s failure to enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. In the event a provision of these Terms and Conditions is held invalid, void, unenforceable, or otherwise defective by a tribunal of competent jurisdiction; then all other provisions herein will remain enforceable in accordance with their terms, and the provision in question will be deemed modified, but only: (i) as between the parties, (ii) in the jurisdiction in question, (iii) to the minimum extent necessary to cure the defect, and (iv) until such time, if any, as the tribunal’s holding, in relevant respects, is vacated, reversed on appeal, legislatively overruled, or otherwise set aside. This is the entire understanding of the parties relating to the matters referred to herein. NOV may amend these Terms and Conditions, and the agreement they create, at any time on a prospective "going-forward" basis, simply by updating this posting and without notice to User.