Legal Disclaimer/Terms of Use

Important: Please read the following, and the Privacy Statement before accessing and using this Site.

 

Thank you for visiting www.herculesoffshore.com. We hope that you will find this website (“Site”) helpful and informative.

 

The following are the terms of use (“TOU”) that apply to and govern your use of this Site. These TOU’s also incorporate our Privacy Statement. If you do not agree with any terms or conditions herein, or have any questions, before proceeding contact us directly at webmaster@herculesoffshore.com, and we will be pleased to assist you. BY CHOOSING TO ACCESS AND USE THIS SITE, YOU ARE EXPRESSLY AGREEING TO BE LEGALLY BOUND BY THESE TERMS.

 

Exclusive Terms. Please note that these TOU’s 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 Hercules Offshore for any given product or service. The latter agreement will continue to govern that specific legal relationship with Hercules Offshore.

 

Changes to Site. 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. We also reserve the right to make changes in the TOU and the Privacy Statement, so please check before each use of changes.

 

Copyright Notice. All materials contained in this site are the copyrighted property of Hercules Offshore or its subsidiary or affiliated companies and/or third party licensors. All trademarks, service marks, and trade names are proprietary to Hercules Offshore or its affiliates.

 

No Warranties Provided. The information on this Site is provided for general information purposes only. While Hercules Offshore strives to provide timely, accurate and complete information, you may discover some inadvertent typographical, technical, factual, or other errors or omission in the information provided. Please bring them to our attention at webmaster@herculesoffshore.com. Since such mistakes may occur, HERCULES OFFSHORE MAKES NO GUARANTEES, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, CONCERNING THE SECURITY, TIMELINESS, RELEVANCY, SUFFICIENCY, ACCURACY, RELIABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR COMPLETENESS OF ANY DATA, INFORMATION, OR SERVICES FURNISHED TO YOU ON OR THROUGH THIS SITE, OR CONCERNING THE INFORMATION YOU PROVIDE TO US. WE ARE PROVIDING THE INFORMATION AND OTHER CONTENT CONTAINED HEREIN ON AN “AS IS, WHERE IS, AS AVAILABLE” BASIS, AND ALL WARRANTIES (EXPRESS OR IMPLED) ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

 

Limitation of Liability and Indemnification. IN NO EVENT SHALL HERCULES OFFSHORE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE.

 

Applicable Law and Dispute Resolution. You agree that these Terms will be interpreted under the laws of the State of Texas, regardless of any conflicts of laws rules, and regardless of other laws of any other jurisdiction which may be asserted. Any dispute or claim which you may have (“Claim”) arising from your access or use of the Site shall be first submitted in writing to Hercules Offshore within one month (30 days) from the occurrence of the event upon which such Claim is alleged to be based, or such Claim shall be deemed waived. Any Claim which has been properly submitted to Hercules Offshore which has not be resolved within a reasonable period of time not to exceed six (6) months may be submitted to binding arbitration as an exclusive alternative to litigation. YOU EXPRESSLY WAIVE ANY RIGHT TO BRING ANY LITIGATION IN ANY JURISDICTION AGAINST HERCULES OFFSHORE BASED ON YOUR ACCESS OR USE OF THIS SITE OR UNDER THESE TERMS. Any arbitration will be administered by the American Arbitration Association in Houston, Texas, in accordance with its applicable commercial rules and procedures. Any arbitral award will specifically exclude any special, indirect, incidental, exemplary, punitive, or consequential damages.