Terms of Use
THESE TERMS OF USE GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE YOU ARE ABOUT TO ENTER (the “Website”). ENTERPRISE PRODUCTS (“Enterprise”) PROVIDES THE WEBSITE FOR YOUR USE SUBJECT TO YOUR AGREEMENT WITH THE TERMS BELOW. BY ACCESSING OR USING THE WEBSITE, YOU AND ANY PARTY YOU REPRESENT (“Customer”) ARE AGREEING TO BE BOUND BY THESE TERMS OF USE.
1. Grant of License; Ownership. Enterprise hereby grants to Customer a revocable, limited, non-exclusive, non-transferable license to view certain transactional information available on the Website, including scheduling and measurement information related to Customer’s contracted-for services provided to Customer by Enterprise, and other associated and relevant information concerning such services, and to communicate information concerning such services to Enterprise. Customer is responsible for providing the computer hardware, software, and internet access necessary to properly utilize the Website. All intellectual property rights associated with the Website and its contents (the “Intellectual Property”) are the sole property of Enterprise and its affiliates. You may not copy, reproduce, modify, create derivatives from, transmit or distribute the Intellectual Property without Enterprise’s express written consent. Customer acknowledges that any non-public information on the Website, including without limitation, customer names (where necessary for selection purposes in connection with the aforementioned transaction services, for example) is confidential and shall be kept confidential by Customer. Customer consents to the inclusion of its name on the Website for such purposes.
2. Account. Customer will implement reasonable measures to protect the confidentiality of its Website account information (the “Account”) and Customer must immediately notify Enterprise, in writing, of any unauthorized disclosure or use of the Account. Upon termination of this Agreement, Customer must immediately erase, or render unusable and inaccessible, the Account information residing on any computers of Customer. Periodically, at the sole discretion of the Enterprise, Enterprise may delete Accounts that have been inactive for 90 days or more. Deleted Accounts may require completion of a new Customer Website Account Request Form to re-enable Website access. Customer should request an individual ID for each person intending to access the Website. Customer may only request or provide an Account to its employees or agents. Enterprise reserves the right to invalidate Customer’s Account at any time in the event Customer breaches these Terms of Use.
3. Use of Website. Customer will be solely responsible for any and all acts or omissions with respect to access and use of the Website by any authorized or unauthorized person using an Account, including without limitation, its former employees and contractors. Customer acknowledges that it is solely responsible for, and Customer agrees that it will, regularly update its Accounts to promptly remove Account access for any former employees and contractors, and Customer agrees that it will be solely responsible for any and all acts or omissions of such persons using an Account. Customer agrees, on behalf of itself and any user of the Account (including, without limitation, former employees and contractors for which Customer has not terminated Accounts), to attempt to access only the data on the Website that Customer is authorized to access under the provisions of this Agreement, and to use the Website solely for lawful purposes authorized under this Agreement. All attempts to access the Website, whether successfully or unsuccessfully, may be recorded by Enterprise.
4. No Warranties. INFORMATION ON THE WEBSITE IS PROVIDED AS IS, AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, ENTERPRISE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ENTERPRISE MAKES NO REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF TEXT, GRAPHICS, LINKS, AND OTHER ITEMS ACCESSED FROM OR VIA THE WEBSITE. ENTERPRISE ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS CONTAINED ON THE WEBSITE. INFORMATION ON THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. INFORMATION MAY BE CHANGED OR UPDATED WITHOUT NOTICE. ENTERPRISE MAY ALSO MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE, OR TERMINATE THE WEBSITE IN WHOLE OR IN PART, AT ANY TIME WITHOUT NOTICE TO CUSTOMER. CUSTOMER UNDERSTANDS THAT DATA ON THE WEBSITE MAY BE IN A RAW OR UNPROCESSED FORM. ENTERPRISE ASSUMES NO LIABILITY, AND IT IS SOLELY CUSTOMER’S RESPONSIBILITY TO PROTECT ITSELF AGAINST, VIRUSES, WORMS, TROJAN HORSES AND OTHER ITEMS OF A DESTRUCTIVE NATURE THAT MAY BE COMMUNICATED OVER THE INTERNET. CUSTOMER EXPRESSLY AGREES THAT ITS USE OF THE WEBSITE IS AT ITS SOLE RISK.
5. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL ENTERPRISE OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, OR AGENTS BE HELD LIABLE FOR ANY DAMAGES, WHETHER DIRECT, PUNITIVE, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, AND INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS ARISING FROM OR IN CONNECTION WITH THE USE, RELIANCE ON, OR PERFORMANCE OF THE INFORMATION ON THE WEBSITE.
6. Governing Law; Jurisdiction. THESE TERMS OF USE AND THE RIGHTS AND DUTIES OF THE PARTIES IN CONNECTION WITH THE WEBSITE SHALL BE GOVERNED BY, ENFORCED AND PERFORMED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT GIVING EFFECT TO ANY CHOICE OR CONFLICT OF LAW PROVISIONS OR RULE THAT WOULD CAUSE THE APPPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF TEXAS. WITH RESPECT TO ANY SUIT, ACTION, OR PROCEEDING ARISING OUT OF OR RELATING TO THE WEBSITE OR CUSTOMER’S USE THEREOF, CUSTOMER IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN HARRIS COUNTY, TEXAS, AND WAIVES ANY OBJECTIONS THAT A SUIT, ACTION OR PROCEEDING SHOULD BE BROUGHT IN ANOTHER COURT AND ANY OBJECTIONS TO INCONVENIENT FORUM. EACH PARTY HEREBY IRREVOCABLY WAIVES ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION ARISING IN CONNECTION WITH THE WEBSITE OR CUSTOMER’S USE THEREOF.
7. Entire Agreement. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT BETWEEN CUSTOMER AND ENTERPRISE, THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN CUSTOMER AND ENTERPRISE WITH RESPECT TO THE USE OF THE WEBSITE, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS AND AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF.
Updated 6.10.19