Supplier Performance Management

Terms of Use and Legal Notices

Attention: Please read these Terms carefully before using this web site. Using this web site indicates that you accept these terms of use and legal notices ("terms"). If you do not accept these Terms, do not use this web site and service.

These Terms may be changed in the future without further notice. Further, these terms and conditions apply exclusively to your access to and use of this Web site and do not alter in any way the terms or conditions of any other agreement you may have with BP Inc. ("Company") or any Company affiliate. The terms "you" and "user" as used herein refer to all persons, individuals, firms, corporations, partnerships, limited liability companies, business associations, trusts or entities ("Persons") accessing this Web site for any reason and includes those Persons on whose behalf individuals access this Web site as an employee, officer, director, representative, contractor or agent of such entity.

Use of Site. This Web site ("Site") is only a venue for BP Independent Contractors ("Contractors") to view Health, Safety and Environmental information and topics. With the exception of its own HSE policies, Company is not involved in the development of any HSE plans or programs. Users of the Site must review the data and reach their own decisions and conclusions about what, if anything, they find useful. Company shall not be responsible for any decisions you make for any reason.

Use of Safety Manual and Other Information. Company makes its safety manual and the other information in this web site available for review by Contractors only for use as a supplement to the Contractors' own safety programs. It should not be confused with Federal, State, Provincial or Municipal specifications or regulations, insurance requirements or safety codes. Company makes this information available to you gratuitously and in the spirit of fostering good safety practices. Your use of this web site is purely voluntary and solely at the your discretion. Company and the Contractors acknowledge that Company is not liable for the Contractors' acts or omissions and Company retains no right to control any portion of its Contractors' business including the Contractors' safety programs and policies. Each Contractor agrees that, by making this web site available, Company has not attempted to control any aspect of Contractors' safety program. The Contractor acknowledges that Company is not retaining control over any part of Contractor's work. Company does, however, retain (at its discretion) the right to select Contractors with safety programs equal to or better than those stated in Company's Safety Manual. In addition, Company retains the contractual right to stop a Contractor's work if the Contractor breaches the contract between Company and Contractor which requires Contractors to abide by all valid laws, rules and regulations prescribed by any governmental body having jurisdiction. Company disclaims any responsibility for specific application of any of this material by any Contractor.

Privacy - Consent to Collect, Process and Transfer Personal Data. Use of this Site may result in personal data about you being collected or processed by Company in countries where legal systems may provide only limited protection for personal data. Such transfers may include personal data you directly provide (such as your name or e-mail address) and personal data automatically collected or processed (such as your internet domain or IP address) as part of the operation of this Site or during the course of your activities on or use of this Site. By using the Site, you expressly consent to any collection, processing, transfer or use of any personal data. If you do not agree and consent to any transfer, processing, collection or use of such information, please discontinue your access or use of this Site.

Where collection, processing, or transfer of personal data results from your use of this Site, the Company does not warrant or represent that you will have the ability to control or prevent the collection, processing, use or further transfer of such information; however, Company will not transfer any such personal data to any company outside of the Company's affiliates without your prior consent. You understand and agree that, with respect to personal data, you may not be able to access such information in the future; correct inaccuracies, if any; erase or cause removal of such information; or block collection or transfer of such information. The Company makes no other representation regarding the collection, processing, or transfer of use of any personal data. In no event shall the Company be liable to you or others for any damages resulting from any transfer, processing, collection or use of personal data resulting from your use of this Site.

For additional information regarding the Company's privacy policy, please see the Privacy Statement.

Specific Prohibited Uses. You may use this Site only for lawful purposes. Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Hyperlinks. The Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Web sites accessible by hyperlink from this Site, or Web sites linking to this Site. If you decide to access linked third party Web sites, you do so at your own risk. Company is not responsible for the content of any other website, including any website through which you may have gained access to our website or to which you may gain access from our website. We do not accept any liability in connection with any such sites or links. You are responsible for viewing and abiding by the privacy statements and the terms of use posted on any linked site.

Third Party Information Resources. Information here is provided for informational purposes only. Neither the Company nor any of its data or content providers shall be liable for any errors, omissions or delays in the content or for any actions taken in reliance thereon. Designated content is (as shown) the intellectual property of the Company, its affiliates. Any copying, republication or redistribution of such content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of the content owner(s), who are not liable for any errors or delays in content or for any actions taken in reliance thereon.

User Beware. Company makes no representation or warranty that any information listed on the Site is correct, accurate, or complete or does not omit to state any fact necessary to make any other statements, in light of the circumstances under which such statement was made, not materially incorrect. Those who use this Site are responsible for their own diligent inquiry with respect to such matters. Those who use the Site must conduct their own inquiries to determine the correctness, accuracy and completeness of the information presented. Those who use the Site must consult such legal counsel as they deem necessary in connection with the use of the Site and the information contained herein.

Disclaimer. The materials and services provided at this site are provided on an "as is" and "as available" basis without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement of intellectual property. The company does not represent or warrant that materials in the site are accurate, complete, reliable, current or error-free. The company does not represent or warrant that this site or its server(s) are free of viruses or other harmful components. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

The Company may make changes to the materials and information at this Site, including the temporary or permanent cessation of all or any portion of this Site, at any time without notice. The materials and services at this Site may be out of date and Company makes no commitment to update the materials and services at this Site. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Company.

Company makes no claims that the use of this Site or the materials contained in or accessed through this Site may be lawfully viewed or downloaded outside of the United States. Access to the materials may not be legal by certain Persons or in certain countries.

Limitation of Liability. In no event will Company or its affiliates, subsidiaries, shareholders, employees, officers, directors and contractors be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use or the results of use of this site, any web sites linked to this Site or the materials or information or services contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. If your use of the materials, information, or services from this site results in the need for services, repair, or correction of equipment or data, you assume all costs thereof. The provisions of this paragraph shall survive any termination of these Terms, in whole or in part, for any reason whatsoever. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation of liability may not apply to you.

Indemnity. You agree to defend, indemnify and hold the Company and their officers, directors, employees and agents harmless from and against any losses, costs, claims, expenses, damages, causes of action or demands, including without limitation, reasonable legal and accounting fees, alleging or resulting from your use or from any information from this site or your breach of the Terms, except for case of gross (but not ordinary) negligence or wilfull misconduct on the part of the indemnified party.The provisions of this paragraph shall survive any termination of these Terms, in whole or in part, for any reason whatsoever.

Applicable Law and Dispute Resolution. These terms will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice of law rules which may direct the application of the laws of any other jurisdiction.

Compliance with Copyright Laws. You are responsible for obeying all applicable copyright laws. Company permits you to make copies of this Site as necessary incidental acts during your viewing of it; and you may take a print for your personal use of so much of the Site as is reasonable for private purposes. All other use is strictly prohibited.

Framing and Deep Linking Prohibited. You may not frame this Site nor provide a link to a page other than the home page without our express permission. The Company reserves the right to remove its permission for you to link to this Site, including link to this Site's home page. Ownership of the Copyrights on this Site. All the contents of this Site and downloads from it are Copyright ©2003, owned by or licensed to BP America Inc. All rights reserved.

Ownership of the Trademarks on this Site. "BP" and the Helios mark are trademarks or trade names of BP p.l.c. These marks along with the names, trademarks, trade names or service marks of any seller using the Site may not be copied, imitated or used, in whole or in part, without the express prior written permission of the Company or seller. In addition, page headers, custom graphics, button icons and scripts may be service marks, trademarks or trade dress of Company and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Company.

Severability. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Hard Copy. Please print a copy of these Terms from this Site for your reference.

Questions? If you have any questions or comments concerning the Terms or operation of this Site, please contact the Company as provided in Contacts. We are of course happy to review any comments you may have in relation to the site if you e-mail us at WebMaster@bp.com

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