Terms of Use
Welcome to our application (the “App”). This App is published by or on behalf of Kellogg Brown & Root LLC (“KBR” or “We” or “Us”) a company registered in the State of Delaware, United States.
By accessing the App you agree to be bound by the following terms and conditions (“Terms”) and our Privacy Policy. If you do not agree with these Terms, you should stop using the App immediately.
The App is made available strictly for your KBR business use. The App must not be used for any other commercial purpose whatsoever or for any illegal or unauthorised purpose. When you use the App you must comply with all applicable United States and United Kingdom laws and as well with any applicable international laws (together referred to as “Applicable Laws”).
You agree that when using the App you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:
You agree to indemnify KBR and its subsidiaries and affiliates in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the App otherwise than in accordance with these Terms or Applicable Laws.
The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material”) is owned by or licensed to KBR or its subsidiaries or affiliates. All rights are reserved. You can view, print or download extracts of the Material for business use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without KBR’s express permission.
The trademarks, service marks, and logos (“Trade Marks”) contained on or in the App are owned by KBR or its group companies. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of KBR or the relevant group company.
We take your privacy very seriously. KBR will only use your personal information in accordance with the terms of our Privacy Policy. By using the App you acknowledge and agree that you have read and accept the terms of our Privacy Policy and these Terms.
USE OF THE APP IS AT YOUR OWN RISK. THE APP IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) KBR DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE APP; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE APP (WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN KBR AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE APP; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE APP. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
KBR will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the App, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss.
IF KBR IS LIABLE TO YOU DIRECTLY OR INDIRECTLY IN RELATION TO THE APP, THAT LIABILITY (HOWSOEVER ARISING) SHALL BE LIMITED TO: ONE HUNDRED DOLLARS ($100).
Nothing in these Terms shall be construed as excluding or limiting the liability of KBR or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by English law.
KBR reserves the right to suspend or cease providing any services relating to the Apps, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
These Terms (as amended from time to time) constitute the entire agreement between you and KBR concerning your use of the App.
KBR reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the App to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App. No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf of KBR.
These Terms shall be governed by and construed in accordance with US law and you agree to submit to the exclusive jurisdiction of the State of Texas, Harris County.
If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.
KBR’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by KBR in writing.
Unless otherwise expressly stated, nothing in the Terms shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you, KBR and its group of companies.
You can contact the KBR at:
KBR Legal
601 Jefferson St
Houston TX, 77002
The information that the App collects may be stored locally on your Apple or Android Device and may be transmitted to our servers in countries of the European Union (“EU”), the United Kingdom (UK), the United States (U.S.), and/or other countries where KBR or its service providers operate. The transmission of information over wireless and wired networks is not inherently secure. KBR uses many tools to help protect your personal information against unauthorized access and disclosure. However, we do not guarantee that your personal information or private communications will always remain private when using the App.
KBR grants to you a non-transferable, non-exclusive and revocable license to install one copy of the App on your Apple or Android Device and use the App according to the terms and conditions set forth in this Agreement. The App is licensed, not sold, to you. Except as expressly granted by this Agreement or otherwise by KBR or its licensors in writing, you acquire no right, title or license in the App or any data, software, content, application or materials accessed from or incorporated in the App. This Agreement does not give you any rights to any updates or upgrades to the App or to any maintenance releases, patches, fixes, extensions or enhancements (collectively, “Updates”) to the App developed by KBR or its suppliers or licensors at any time in the future. Except as required under applicable law, this license does not entitle you to receive any maintenance or support services with respect to the App. KBR may provide Updates and/or support. If provided by KBR, updates may be delivered automatically or you may be notified when a new Update is ready to be installed, or we make such Updates available for download. You authorize KBR to deliver automatically any Update if we believe it is necessary to provide for the continued functionality of the App or for any reasonable business purpose. Your use of the Updates will be governed by this Agreement unless you are asked to agree to new or additional terms at the time of download or installation. You also agree that you may have to enter into a renewed version of this Agreement if you want to download, install or use a new or modified version of the App.
You agree to the following license restrictions: (a) to use the App solely for your business use relating to KBR; (b) to not install or use a copy of the App on a device that you do not own or control; (c) to not duplicate, copy or distribute the App, except as necessary to use it on your Apple Device; (d) to not license, sell, rent, lease, lend, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the App or make the App available to any third party; (e) to not use the App for any fraudulent, unlawful or illegal activity; (f) to not modify, translate, or create derivative works based on the App or disassemble, decompile or reverse engineer any part of the App, except and only to the extent that applicable law expressly permits, despite this limitation; (g) to not work around any technical limitations in the App; and (h) to preserve all copyright and other proprietary rights notices on the App and all copies thereof.
The license is effective for an indefinite period of time, until KBR terminates it, or until you provide notice to KBR of your decision to terminate it. Your rights under this license will terminate automatically without notice to you if you fail to comply with any of the provisions of this Agreement. KBR reserves the right to suspend, discontinue, enhance, update or otherwise modify the App, or its availability to you, at any time without notice. Upon termination of the license to the App, you will cease all use of the App.
You acknowledge that KBR, not Apple or Android, is responsible for addressing any claim you or any third party may have relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You acknowledge that, in the event of any third party claim that the App or your possession and/or use of the App infringes that third party’s intellectual property rights, KBR, not Apple or Android, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
To the maximum extent permitted by law, and for the avoidance of doubt, save for section 2 of the Supply of Goods and Services Act 1982, KBR hereby disclaims all implied warranties with regard to the Application. The Application and software are provided "as is" and "as available" without warranty of any kind.