TERMS OF USE

Thank you for visiting www.bche-usa.com. Badak Chiyoda Enerproco LLC (“BChE,” “we” or “our”) hope that you will find this website (“Site”) helpful and informative. The following are the terms (“Terms”) that apply to and govern your use of this Site. Please read these Terms carefully before using this Site. By using this Site, you accept these Terms.

Use of Site

Please note that these Terms exclusively govern your access and use of this Site and do not alter or affect the terms and conditions of any other agreement that you may have or enter into with any BChE entity for any given product or service.

Disclaimer

The information on this Site is provided for general information purposes only. The contents of this Site could contain technical inaccuracies, typographical errors or out-of-date information. As a result, we make no warranties or representations, express or implied, regarding this Site, including the timeliness, sufficiency, accuracy, reliability, fitness for any particular purpose, non-infringement or completeness of any content or information on this Site. The contents of this Site are provided “as is.”

Links To Other Web Sites

For your information or convenience, this Site may contain links to third party websites. We do not control and are not responsible for any of these websites or their content. As a result, we do not endorse or make any representations about such sites, or any information or materials accessed through these websites. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk and we expressly disclaim all liability arising from your access of and for the content contained within or through any such third party website.

Applicable Law

BChE administers this Site from its offices in Houston, Texas, U.S.A. You agree that your use of this Site will be in compliance with all applicable laws and regulations, which shall include but not be limited to U.S. export laws. We make no representation or warranty that materials or information on this Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws as well as U.S. export laws and regulations. These Terms will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of laws. Users of this Site shall be fully liable and subject to prosecution to the full extent of the law for any violations of this paragraph, and, by use of this Site, such users are agreeing to defend, indemnify and hold harmless BChE from and against any and all liabilities and damages resulting directly or indirectly from such use.

Intellectual Property

You acknowledge that, unless otherwise expressly designated, BChE is the sole owner of all intellectual property rights to this Site and its contents, including but not limited to the copyright in the design, layout, graphics, photos, format, and other visual elements of the Site. All ownership rights pertaining to the information and material contained on this Site, including, but not limited, to the names, logos and trademarks of BChE are owned by BChE. Other marks and company names listed on this Site are trademarks or trade names of their respective companies. We have made this Site available to you only for your personal, non-commercial use in accordance with the terms and conditions set forth herein, including, without limitation, the following restrictions: (a) you must retain all copyright and other proprietary notices contained in the original materials on any copies of the materials; (b) you may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and (c) you may not use any of these materials on any other web site or networked computer environment for any purpose. Any rights not expressly granted herein are reserved and any use other than that set forth above is strictly prohibited. Unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates.

Limitation of Liability

BChE and its employees, officers, directors and agents are not liable for any direct, indirect, special, incidental, economic, or consequential damages arising out of the use or inability to use this site, even if we have been advised of the possibility of such damages.

You agree to defend, indemnify and hold harmless BChE and its employees, officers, directors, and agents, from and against any claims, damages, losses, or other liabilities arising from your use of the site in breach of these terms or in violation of applicable law.

Changes

In order to improve our service to you, we reserve the right to make changes in the access, operation, and content of this Site at any time without notice. Additionally, we reserve the right to make changes to these Terms at any time by updating this posting. You should visit this page from time to time to review the then current Terms because they are binding on you.