Thank you for visiting www.orionmanrinegrop.com . We hope that you will find this website (“Site”) helpful and informative.
The following are the terms and conditions (“Terms”) that apply to and govern your use of this Site. These Terms 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 email@example.com, and we will be pleased to assist you. BY CHOOSING TO ACCESS OR USE THIS SITE, YOU ARE EXPRESSLY AGREEING TO BE LEGALLY BOUND BY THESE TERMS ON YOUR BEHALF AND ON BEHALF OF ANY COMPANY YOU REPRESENT, RENDER SERVICE TO, OR ARE EMPLOYED OR OTHERWISE RETAINED BY.
“Orion Marine Group,” as used herein includes Orion Marine Group, Inc. (“OMGI”) and its subsidiaries.
Exclusive Terms. Please note that these Terms exclusively govern your access and use of this Site, apply to and govern your access to and use of this Site regardless of any provisions of or limitations or qualifications in any other agreement with an OMGI entity, and do not alter or affect the terms and conditions of any other agreement that you may have or enter into with any OMGI entity for any given product or service. The latter agreement will continue to govern that specific legal relationship with Orion Marine Group. In addition, some pages or areas of this Site with restricted access (“Secured Sites”), if any, may require compliance with additional or special terms and conditions, which terms and conditions may be accessed through a separate link on this Site. In any such case, such additional or special terms or conditions shall be included as “Terms,” and access and use thereof shall be conditions on agreement to and compliance with such Terms as well as the Terms herein set forth.
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 Terms and the Privacy Statement, so please check before each use for changes.
Copyright Notice. You acknowledge and agree that, unless otherwise specifically designated, one or more of the OMGI entities is/are the sole owners of all intellectual property rights to this Site and its contents, including but not limited to copyright protection for all content, including the design, layout, graphics, photos, format, recordings, and all other visual or auditory elements of the Site. All ownership rights pertaining to the information and material contained on this Site, including but not limited to the Orion Marine Group name, logos, trademarks, service marks, graphics, photos, images, audio, video, messages, files and content (including, without limitation, the “Orion Star” (stylized star)), are owned or have been duly licensed by Orion Marine Group, WITH ALL RIGHTS RESERVED, and are subject to Orion Marne Group COPYRIGHTS, WITH ALL RIGHTS RESERVED.
“Orion,” “Orion Marine Group,” and the “Orion Star” (stylized star) are registered and/or common law trademarks and/or service marks of one or more of the OMGI entities, and are subject to Orion Marine Group COPYRIGHTS, WITH ALL RIGHTS RESERVED.
Applicable laws prohibit the unauthorized copying, use, sale or distribution of such copyrighted material, including such trademarks and service marks. In particular, but without limitation, disparaging use of any such materials or marks is strictly prohibited.
The Site pages and content may be electronically copied or printed in hard copy for internal informational, non-commercial, and non-disparaging use only; and then only to the extent that no modifications are made, they are not published in any media, and on each page of every internal copy, Orion Marine Group is acknowledged as the source with a copyright symbol (©). You are not granted any license to use the content. Any use other than that set forth above, including the non-internal reproduction, modification, copying, display or use of any copyright-protected Orion Marine Group or other logo, graphic, photo, picture, recording, writing, image, trademark, or service mark, without the prior express written permission of Orion Marine Group, is strictly prohibited. Except for data and information submitted pursuant to an existing agreement with Orion Marine Group, any ideas, material, or content submitted by any user to, on or through this Site (including by e-mail) is, to the extent you own the intellectual property rights, the sole property of Orion Marine Group, and Orion Marine Group has no obligation of confidentiality nor are we responsible for any claims of infringement or misappropriation that may result from any submission. Personal information submitted will be treated in accordance with our Privacy Statement. Orion Marine Group makes no guarantee, representation or warranty that the content of this Site or its use will not infringe upon the intellectual property rights of any person, nor that the use, transfer, reproduction, distribution, transmission, or storage of any Site content (including outside of the U.S.A.) is in compliance with the laws or regulations of any governmental authority or jurisdiction which may be applicable.
No Warranties Provided. The information on this Site is provided for general information purposes only. While Orion Marine Group strives to provide timely, accurate and complete information, you may discover some inadvertent typographical, technical, factual, or other errors or omissions in the information provided. Please bring them to our attention at firstname.lastname@example.org. Since such mistakes may occur, ORION MARINE GROUP 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 IMPLIED) ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Forward Looking Statements. Information (written and auditory) and documents provided on or through this Site may constitute or include projections or other forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Certain forward-looking statements can be identified by the use of forward-looking terminology, such as ‘believes’, ‘expects’, ‘may’, ‘will’, ‘could’, ‘should’, ‘seeks’, ‘approximately’, ‘intends’, ‘plans’, ‘estimates’, or ‘anticipates’, or the negative thereof or other comparable terminology, or by discussions of strategy, plans, objectives, intentions, estimates, forecasts, assumptions, or goals. In particular, any statement, express or implied, concerning future operating results or the future generation of or ability to generate revenues, income, net income, profit or cash flow, including to service debt, and including any estimates, forecasts or assumptions regarding future revenues or revenue growth, are forward-looking statements. Forward looking statements also include (i) estimates and forecasts of and assumptions regarding gross profit, gross margin, EBITDA, EBITDA margin, backlog, capital expenditures, and administrative expenses; and (ii) statements regarding projects or contracts in process, in negotiation, pending award, or being bid, including associated anticipated revenues and expected or scheduled completion dates. Forward looking statements involve risks, including those associated with the Company’s fixed price contracts, dependence on government contracts and funding, bonding requirements and obligations, government regulation, and fluctuations in quarterly and other fiscal period operations, that can cause actual results to differ materially form current expectations, estimates or forecasts. Moreover, past performance is not necessarily an indicator of future results. In light of these and other uncertainties, the inclusion of forward-looking statements should not be regarded as a representation by the Company that the Company’s plans, estimates, forecasts, goals, intentions, or objectives will be achieved or realized. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of their date. The Company assumes no obligation to update information or documents provided on or through this Site, whether as a result of new developments or otherwise.
Please refer to the Company’s most recent Annual Report on Form 10-K and Quarterly Report on Form 10-Q, which are available on this Site (www.orionmarinegroup.com) or at the SEC’s EDGAR site at www.sec.gov, for additional and more detailed discussion of risk factors that could cause actual results to differ materially from our current expectations, estimates or forecasts.
User Conduct. For the convenience of our users, some areas on this Site may allow for interactive communication, some of which may be conducted in “real time”. You agree not to post any content which is or may be, in whole or in part: false, unlawful, criminal, fraudulent, misleading, infringing, libelous, slanderous, defamatory, profane, racist, sexist, threatening, inflammatory, obscene, invasive of personal or privacy rights, advertising, promoting or soliciting for commercial purposes, containing any known viruses or bugs, or which is otherwise harmful, offensive, inappropriate, or unprofessional. Orion Marine Group has no obligation to monitor, screen, filter or edit any information, communication, or content that is directly posted by or shared by users on the Site, however we may at our discretion from time to time monitor use of the Site, and we reserve the right to delete or edit any objectionable content posted or submitted by users, terminate the user’s access to the Site, deny future access, or take any other action we deem appropriate under the circumstances. Please report any such violations to us at email@example.com. Orion Marine Group will handle any personally identifiable data or information posted by you in accordance with our Privacy Statement; however, that any third party liability or usage which may arise from your posting will be solely at your own risk. Information obtained through monitoring our Site may also be used for duly authorized law enforcement investigations. We also reserve the right to identify and investigate inquiries to the extent required to comply with applicable laws and regulations, including but not limited to U.S. export control laws and executive orders. Orion Marine Group will have no liability for any content posted by users on this Site (including Secured Sites).
Compliance with all Laws. This Site is operated from Houston, Texas. You agree that your use of this Site will be in compliance with all relevant and applicable laws and regulations, which shall include but not be limited to U.S. export control laws and executive orders. The information provided on and through this Site or any Secured Site may be deemed in some cases to be controlled technology and subject to the export control restrictions of the U.S.A. . IT IS YOUR OBLIGATION TO VERIFY AND COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS OF THE U.S.A. PERTAINING TO ANY POTENTIAL ACCESS, TRANSFER AND USE OF ANY INFORMATION HEREIN WHICH MAY BE DEEMED TO BE “CONTROLLED” AS DEFINED BY LAW. This Site may not be accessed or used by any national of certain countries or groups against which the U.S.A. has instituted sanctions (including Iran, Libya, Iraq, Cuba, the Sudan, and members of some Angolan and Serbian groups), Specially Designated Nationals, and other proscribed persons who are listed on the Denied Parties list. Due to technical uncertainties preventing verification of the identity and ultimate point of access by any person attempting to access or use this Site, including any Secured Site, your access of the Site, including (as applicable) the presentment of any authorized user ID and password, constitutes your express representation that (1) the person attempting access is not a national of any such sanctioned country or group or a Specially Designated National, and (2) is not included on such Denied Parties list, and (3) that, if an Authorized User, you have not disclosed or provided such password and user ID to any such person for use under your registration. Users shall be fully liable and subject to prosecution to the full extent of the law for any violations of this paragraph, and SUCH USER HEREBY AGREES TO DEFEND, INDEMNIFY AND HOLD ORION MARINE GROUP HARMLESS FROM AND AGAINST ANY AND ALL SUCH DAMAGES AND LIABILITY.
Site Security. So that this Site remains to the extent possible open and available to all users, we have mechanisms in place to identify unauthorized attempts to gain access to Secured Sites, upload or change information or any image, inject any harmful elements, or otherwise cause damage. Regardless, even though we strive to keep these mechanisms up to date, due to the technical uncertainties, we are unable to make any representation or warranty that the content, information, or links in this Site are secure and free of data-processing errors, technical glitches, operational problems, interruptions, errors, bugs, worms, viruses, unauthorized third party access, or any other harmful elements. YOU REMAIN SOLELY RESPONSIBLE FOR THE SECURITY AND PROTECTION OF YOUR SYSTEMS WHEN USING THIS SITE. Unauthorized attempts to upload, insert, or change any information or image on this Site or cause harm are strictly prohibited and may be punishable to the full extent of the law, including the Computer Fraud and Abuse Act and the National Information Infrastructure Protection Act.
Outside Links. For your information or convenience, this Site may contain direct links or hyperlinks to websites that are maintained by third parties. When clicking on such a link, you are leaving our Site. Orion Marine Group has no control over, does not endorse, and is not liable for, the quality, operation, reliability, compliance with laws, ethics, business practices, nor content of such third party websites, or for any product or service advertised or provided therein. Any transactions with such third parties, including provision of your personal information, are strictly at your own risk. We expressly disclaim all liability arising from your access of and for the content contained within or through any such third party website.
Really Simple Syndication (RSS). From time to time, Orion Marine Group may provide Feeds on this Site for informational purposes only. Use of the Fees is limited to individuals and for non-commercial purposes only. Orion Marine Group has the unfettered firth to remove all Feeds from the Site and to discontinue the Site’s Feeds. Orion Marine Group does not endorse any particular RSS reader or other application, whether by its use or otherwise.
Access Outside U.S.A.. If you are accessing this Site from outside the U.S.A., you are doing so at your own risk, and you remain fully responsible and liable for familiarity and compliance with these Terms as well as with the laws, regulations, directives, codes, and rules of the U.S.A., including its export compliance laws and regulations, as well those of the jurisdiction from which you are accessing the Site, and any other relevant jurisdiction which may be involved in the access, transmission, routing, receipt, disclosure, storage or use of information on this Site, or any commercial transactions conducted on or through this Site.
Privacy. The use of your personal information given to us during your visit to our Site is governed by the Orion Marine Group Privacy Statement, which is posted on this Site and incorporated into these Terms.
LIMITATION OF LIABILITY AND INDEMNIFICATION. YOU, ON YOUR BEHALF AND THAT OF YOUR COMPANY (I) ACKOWLEDGE AND AGREE THAT ORION MARINE GROUP AND ITS AFFILIATES, SUBSIDIARIES, DIVISIONS, JOINT VENTURERS, CUSTOMERS, PARTNERS, AGENTS, REPRESENTATIVES, CONTRACTORS, VENDORS, SUPPLIERS, INSURERS, AND LENDERS, AND ALL OF ITS AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SUPPLIERS, VENDORS, CONTRACTORS, LICENSORS, LICENSEES, ASSIGNEES, SUCCESSORS, INSURERS, REPRESENTATIVES, AND AGENTS, ARE NOT LIABLE IN ANY RESPECT OR TO ANY DEGREE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, INDIRECT, ECONOMIC, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES), LIABILITIES, OR LOSSES OF ANY NATURE WHICH MAY OCCUR OR WHICH YOU OR YOUR COMPANY MAY SUFFER OR INCUR AS A RESULT OF (A) ACCESS TO OR USE OF THIS SITE, (B) ANY INFORMATION OR MATERIALS ON OR MADE AVAILABLE THROUGH THIS SITE, (C) ANY INFORMATION OR MATERIALS THAT YOU MAY PROVIDE TO ORION MAINE GROUP ON THIS AT THIS SITE; AND (II) YOU AND YOUR COMPANY HEREBY WAIVE ANY AND ALL CLAIMS YOU MAY HAVE OR OBTAIN IN RESPECT OF ANY SUCH DAMAGES, LIABILITIES, OR LOSSES AND HEREBY FULLY RELEASE AND ABSOLVE ORION MARINE GROUP AND THE OTHER RELATED PARTIES AND PERSONS DESCRIBED ABOVE FROM AND WITH RESPECT TO ANY SUCH DAMAGES, LIABILITIES AND LOSSES.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ORION MARINE GROUP AND THE OTHER RELATED PARTIES AND PERSONS DESCRIBED ABOVE FROM, AGAINST AND WITH RESPECT TO ANY COSTS, EXPENSES, CLAIMS, DAMAGES, LOSSES, OR OTHER LIABILITIES ARISING FROM OR RELATED TO YOUR USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY USE IN BREACH OF ANY OF THESE TERMS OR IN VIOLATION OF ANY APPLICABLE LAW OR REGULATION.
SHOULD THE ABOVE PROVISIONS BE HELD TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, IN WHOLE OR IN PART, ORION MARINE GROUP’S AGGREGATE LIABILITY TO YOU AND YOUR COMPANY FOR ANY REASON CONNECTED TO YOUR ACCESS OR USE OF THIS SITE WILL IN NO EVENT EXCEED THE AGGREGATE SUM OF $1000.00. ALL OTHER TERMS AND CONDITIONS HEREIN WILL REMAIN IN EFFECT IN THE EVENT ANY PROVISION SHOULD BE FOUND UNENFORCEABLE OR INVALID.
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 the 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 Orion Marine Group 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 Orion Marine Group which has not been resolved within a reasonable period 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 ORION MARINE GROUP 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.
Thank you for visiting www.orionmarinegroup.com. If you have any questions, comments, or suggestions concerning this Site, we would like to hear from you. Please contact firstname.lastname@example.org.
Last Updated: 01/31/2009