TERMS OF USE AGREEMENT
These Terms of Use establish a legally binding agreement between the user, whether an individual or an entity ("you"), and Duratek ("Company," "we," "us," or "our"). This agreement pertains to your usage of the durateksupply.com website, including any other media forms, channels, mobile websites, or associated applications (collectively referred to as the "Site"). Our registered office is at 8302 Hedge Lane Terrace, Shawnee, KS. By accessing the Site, you acknowledge that you have read, comprehended, and agreed to abide by these Terms of Use. If you disagree with any part of these terms, you are prohibited from using the Site and must cease usage immediately.
Supplementary terms, conditions, or documents posted on the Site are explicitly incorporated into this agreement. We retain the sole discretion to modify or amend these Terms of Use at any time and for any reason. Notifying changes will be made by updating these Terms of Use's "Last updated" date. You waive the right to receive specific notice for each change. You are responsible for regularly reviewing the applicable Terms whenever you use our Site, ensuring your awareness of the governing terms. Continued use of the Site after posting revised Terms of Use implies your acceptance of the changes.
The information provided on the Site is not intended for distribution or use in any jurisdiction or country where such actions violate the law or regulations or subject us to registration requirements. Users accessing the Site from other locations do so at their initiative and are solely responsible for compliance with local laws.
The Site does not cater to industry-specific regulations (such as HIPAA or FISMA). If your interactions fall under such laws, use of this Site is prohibited. Additionally, the Site must not be used in violation of the Gramm-Leach-Bliley Act (GLBA).
Minors (those generally under the age of 18) must obtain permission and direct supervision from their parent or guardian to use the Site. If you are a minor, your parent or guardian must read and agree to these Terms of Use before you can use the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless explicitly stated otherwise, the Site and its components, including source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics (collectively referred to as the "Content"), along with the trademarks, service marks, and logos (the "Marks"), are our proprietary property or licensed to us. Various intellectual property rights, including copyright and trademark laws of the United States, international copyright laws, and international conventions protect them. The Content and Marks are provided on the Site "AS IS" for informational and personal use only. Unauthorized use, reproduction, aggregation, republishing, uploading, posting, display, encoding, translation, transmission, distribution, sale, licensing, or exploitation of any part of the Site, Content, or Marks for commercial purposes is strictly prohibited without our express written permission.
Eligible users are granted a limited license to access and use the Site for personal, non-commercial purposes, including downloading or printing portions of the Content. We reserve all rights not expressly granted.
USER REPRESENTATIONS
By using the Site, you affirm and warrant that: (1) you possess the legal capacity and agree to comply with these Terms of Use; (2) you are not a minor in your jurisdiction or have parental permission if a minor; (3) you will not access the Site through automated or non-human means; (4) you will not use the Site for illegal or unauthorized purposes; and (5) your use of the Site will not violate any applicable laws or regulations.
Providing untrue, inaccurate, outdated, or incomplete information grants us the right to suspend or terminate your account and deny any current or future use of the Site or its portions.
PROHIBITED ACTIVITIES
Accessing or utilizing the Site for any purpose other than its intended use is strictly prohibited. The Site must not be employed for any commercial activities unless explicitly endorsed or approved by us.
As a user, you are prohibited from:
- Systematically retrieving data or content from the Site to create collections, compilations, databases, or directories without our written permission.
- Attempting to trick, defraud, or mislead us or other users, especially in obtaining sensitive account information like user passwords.
- Circumventing, disabling, or interfering with security features of the Site.
- Disparaging, tarnishing, or causing harm to us or the Site in our opinion.
- Using information obtained from the Site to harass, abuse, or harm others.
- Making improper use of support services or submitting false reports of abuse or misconduct.
- Using the Site in a manner inconsistent with applicable laws or regulations.
- Engaging in unauthorized framing or linking to the Site.
- Uploading or transmitting viruses or other disruptive material.
- Engaging in automated use of the system, including scripts, data mining, robots, or similar tools.
- Deleting copyright or proprietary rights notices from any Content.
- Attempting to impersonate another user or person.
- Uploading or transmitting any material acting as an information collection or transmission mechanism.
- Interfering with the Site's operation or creating an undue burden on the Site or connected networks and services.
- Harassing, annoying, intimidating, or threatening our employees or agents.
- Attempting to bypass measures preventing or restricting access to the Site.
- Copying or adapting the Site's software.
- Deciphering, decompiling, disassembling, or reverse engineering the Site's software.
- Using automated systems, such as spiders or robots, to access the Site.
- Using a buying agent or purchasing agent on the Site.
- Making unauthorized use of the Site, including collecting usernames or email addresses for unsolicited email or creating user accounts through automated or false means.
- Using the Site for competitive purposes or for any revenue-generating or commercial enterprise.
- Advertising or offering to sell goods and services on the Site.
- Selling or transferring your profile.
USER-GENERATED CONTRIBUTIONS
The Site does not permit users to submit or post content. However, if provided the opportunity, users may create, submit, or post content ("Contributions"). Users represent and warrant that their Contributions:
- Do not infringe on the proprietary rights of third parties.
- Are created and owned by the user or have the necessary licenses and permissions.
- Have consent from identifiable individuals in the Contributions.
- Are not false, inaccurate, or misleading.
- Are not unsolicited or unauthorized advertising, spam, or other forms of solicitation.
- Do not violate applicable laws, regulations, or rules.
- Do not violate the privacy or publicity rights of third parties.
- Are not offensive, obscene, violent, or otherwise objectionable.
Violating these terms may result in termination or suspension of user rights on the Site.
CONTRIBUTION LICENSE
Users agree that the Site may access, store, process, and use provided information following the Privacy Policy. By submitting suggestions or feedback, users grant the Site the right to use and share such feedback without compensation. Users retain ownership of their Contributions, and the Site is not liable for statements or representations in Contributions.
GUIDELINES FOR REVIEWS
Areas on the Site may allow users to leave reviews. Users must comply with criteria including firsthand experience, no offensive language, no discriminatory references, no affiliation with competitors if posting negative reviews, no conclusions about legality, no false statements, and no organizing campaigns encouraging reviews. The Site may accept, reject, or remove reviews at its discretion. Reviews are not endorsed, and the Site assumes no liability for them. Users grant the Site a perpetual license to reproduce, modify, and distribute review content.
SUBMISSIONS
By providing any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions"), you acknowledge and agree that such Submissions are non-confidential and become our sole property. We acquire exclusive rights, including all intellectual property rights, allowing unrestricted use and dissemination of these Submissions for any lawful purpose, whether commercial or otherwise. You waive all moral rights to such Submissions and warrant their originality or your right to submit them. There is no recourse against us for alleged infringement or misappropriation of proprietary rights in your Submissions.
THIRD-PARTY WEBSITE AND CONTENT
The Site may include links to other websites ("Third-Party Websites") and content from third parties ("Third-Party Content"). We do not investigate, monitor, or check the accuracy, appropriateness, or completeness of such Third-Party Websites or Content. We are not responsible for any Third-Party Websites accessed through the Site or Third-Party Content posted on, available through, or installed from the Site. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Content does not imply our approval or endorsement. If you decide to access Third-Party Websites or use Third-Party Content, you do so at your own risk, and these Terms of Use no longer govern. Review the applicable terms, policies, and privacy practices of any linked websites.
SITE MANAGEMENT
We reserve the right, but not the obligation, to:
- Monitor the Site for violations of these Terms of Use.
- Take legal action against violators, reporting them to law enforcement authorities.
- Refuse, restrict access to, or disable your Contributions or any part thereof.
- Remove excessive or burdensome files and content.
- Manage the Site to protect our rights and property and facilitate its proper functioning.
PRIVACY POLICY
Data privacy and security are crucial. Please review our Privacy Policy: [Privacy Policy Link]. Your use of the Site signifies agreement with our Privacy Policy, incorporated into these Terms of Use. Note that the Site is hosted in the United States, and using it transfers your data to and processes it in the United States.
TERM AND TERMINATION
These Terms of Use remain effective during your use of the Site. We reserve the right, without notice or liability, to deny access to the Site, terminate your use, or delete your content for any reason. If your account is terminated, you are prohibited from creating a new account. We may also take legal action for civil, criminal, or injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove Site contents at our sole discretion without notice. We may modify or discontinue all or part of the Site without notice. We are not liable for any loss, damage, or inconvenience resulting from your inability to access or use the Site during downtime or discontinuance.
GOVERNING LAW
These Terms of Use and your use of the Site are governed by the laws of the State of Michigan, without regard to its conflict of law principles.
CORRECTIONS
There may be information on the Site containing typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitations of Liability:
In no event shall we, our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. Our liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising. Some US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply, and you may have additional rights.
Indemnification:
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all respective officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of (1) use of the site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the site with whom you connected via the site. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.
User Data:
We will maintain certain data that you transmit to the site for managing the performance of the site and data relating to your use of the site. Although we perform regular backups, you are solely responsible for all data you transmit or that relates to any activity you undertake using the site. You agree that we shall have no liability for any loss or corruption of such data, and you hereby waive any right of action against us arising from any such loss or corruption of data.
Electronic Communications, Transactions, and Signatures:
Visiting the site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communication be in writing. You agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction requiring an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
California Users and Residents:
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.
Miscellaneous:
These Terms of Use and any policies or operating rules posted by us on the site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Terms of Use or the use of the site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties to execute these Terms of Use.