General Terms and Conditions of Use
1. Contact Information
The Company publishing this Website (the “Company”) is:
Total Petrochemicals & Refining USA, Inc.
Head office: 1201 Louisiana Street, Suite 1800, Houston, Texas 77002
Company type: Corporation registered in the State of Delaware
Publication Director: TPRI Communications
Telephone: (713) 483-5400
Marcel, S.A registered capital of 82 990 EUROS, whose head office is located at 133 Champs Elysées, 75008 Paris
Listed in the RCS of Paris : B 381 531 938
Telephone: +33 (0)1 44 43 67 00
Production, hosting and development of the internet site:
48 rue de Villiers 92300 Levallois-Perret
Listed in the RCS of Nanterre : 378 615 363
The companies within the Total group have their own legal existence and independent legal status. The Company publishing this Website, on behalf of all Total S.A. U.S. affiliates, belongs to the Total group and incorporates all Total S.A. U.S. affiliates*. “Total” and “Total group” are sometimes used in this Website for convenience where references are generally made to TOTAL S.A. (the holding company) and its subsidiaries and affiliates. Likewise, the words “we”, “us” and “our” are used to refer to the Company or any company of the Total group in general or to those who work for them. These expressions are also used where no useful purpose is served by identifying the particular company or companies. It cannot be inferred from these expressions that TOTAL S.A. or any of its subsidiaries or affiliates are involved in the business and management of any other company of Total group.
2. Information About Activities
This Website presents information concerning certain activities of the Company and the Total group. The Company may modify the information contained in this Website at any time and without prior notice. This information is provided as general information without any guarantees that it is fit for any specific purpose.
3. Intellectual Property
3.1 Company Property
3.1.1 All information or documents (text, animated or static images, databases, sounds, photographs, know-how or cited products) stored in the Website as well as all elements created for the Website and its general structure are either the property of the Company or the companies within the Total group or are subject to rights to use, duplicate or communicate to the public that have been granted to such.
3.1.2 This information, documents and items are subject to laws protecting copyright insofar as they have been made available to the public via this Website. No license or any right other than to view the Website has been granted to any party with regard to intellectual property rights.
3.1.3 Duplication of Website documents is authorized solely as information for personal and private usage. Any duplication or usage of copies made for other purposes is formally prohibited and subject to prior and formal authorization by the Company. In all cases, authorized duplication of information stored in this Website must cite the source and make adequate references as to proprietary.
3.2 Distinguishing Marks. Unless otherwise stipulated, company names, logotypes, products and brands quoted on the Website are the property of the Company or the companies within the Total group or are subject to rights to use, duplicate or represent/communicate to the public that have been granted to such. You may not use them without prior written authorization from the Company.
3.3 Databases. The Company is the controller of databases on the Website and the Company is the owner of any databases made available. You may not extract or reuse a substantial qualitative or quantitative portion of the databases, including for private purpose.
4. Your Undertakings
4.2 Compliance with Law. Each visitor of this Website also certifies that he or she complies with these measures and current laws and in particular:
- Has the ability and means required to access the Website and use it.
- Has verified that the IT configuration used does not contain any virus and that it is in full working order.
- Grants the Company and partners where applicable a right to use the information provided.
- Must keep confidential and is consequently liable for the use and security of access codes and passwords that the Company may send you to access specific sections. The Company reserves the right to suspend your access to the Website in the event of fraudulent use or attempts at fraudulent use of said access.
5. Hypertext Links
5.1 Activation of links. The Company formally declines any liability as to the content of websites to which it provides links. Please consult the general terms and conditions and the personal data protection policy for the websites in order to understand their practice. The decision to use links is made solely by the Website users. We may modify or delete a link on this Website at any moment.
5.2 Link authorization. If you wish to create a hypertext link to this Website, you must obtain prior written authorization from the Company using the contact details provided at the end of this document.
6. Formal Notice
6.1.1 The information (“Information”) available on this www (World Wide Web) server is provided in good faith.
6.1.2 This Information is considered correct when it is published on the Website. However, the Company neither represents nor guarantees that the Information is comprehensive or accurate. You bear all the risks arising from your reliance on the Information. The Information is provided on the condition that you or any other person receiving it can determine its interest for a specific purpose before use. Under no circumstances will the Company accept liability for injury arising from reliance on the said Information, its use or use of a product to which it refers.
6.1.3 The Information shall not be deemed a recommendation to use information, products, procedures, equipment or formulae contravening a patent, copyright or registered trade mark. The Company declines any explicit or implicit liability in the event that use of the Information contravenes a patent, copyright or registered trade mark.
6.1.4 The Company and all directly or indirectly owned subsidiaries or affiliates and any company within the Total group categorically rejects any interpretation which may assimilate the content of its websites to purchase offers or incitements to acquire shares or other listed or unlisted negotiable securities.
6.1.5 No explicit or implicit guarantee is given regarding the commercial nature of the Information provided or its suitability for a given purpose as well as the products to which said Information refers to.
6.1.6 The Company reserves the right to amend or correct the content of its Website at any time without prior notification.
6.2 Forward-Looking Statements
6.2.1 The Information presented in this Website may contain forward-looking statements concerning the financial position, operating results, activities and industrial strategy of the Company, TOTAL S.A. and/or companies of the Total group. Such statements are subject to risks and uncertainties. These statements are based on the beliefs and assumptions of management and on the information currently available to management. Forward-looking statements include information concerning forecasts, projections, anticipated synergies, and other information concerning possible or assumed future results and may be preceded by, followed by, or otherwise include the words “believes”, “expects”, “anticipates”, “intends”, “plans”, “targets”, “estimates” or similar expressions. Forward-looking statements are not assurances of results or values. They involve risks, uncertainties and assumptions. Future results may differ materially from those expressed in these forward-looking statements. Many of the factors that will determine these results and values are beyond the Company’s ability to control or predict.
6.2.2 The documents included in this website may contain forward-looking information on the Group (including objectives and trends), as well as forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 or the rules, regulations, and releases promulgated by the Securities and Exchange Commission, notably with respect to the financial condition, results of operations, business, strategy and plans of Total. These data do not represent forecasts within the meaning of European Regulation No. 809/2004.
Such forward-looking information and statements included in these documents are based on a number of economic data and assumptions made in a given economic, competitive and regulatory environment. They may prove to be inaccurate in the future, and are subject to a number of risk factors that could lead to a significant difference between actual results and those anticipated, including currency fluctuations, the price of petroleum products, the ability to realize cost reductions and operating efficiencies without unduly disrupting business operations, environmental regulatory considerations and general economic and business conditions. Certain financial information is based on estimates particularly in the assessment of the recoverable value of assets and potential impairments of assets relating thereto.
Neither Total nor any of its subsidiaries assumes any obligation to update publicly any forward-looking information or statement, objectives or trends contained in these documents whether as a result of new information, future events or otherwise. Further information on factors, risks and uncertainties that could affect the Company’s financial results or the Group’s activities is provided in the most recent Registration Document, the French language version of which is filed by the Company with the French Autorité des Marchés Financiers and annual report on Form 20-F filed with the United States Securities and Exchange Commission (“SEC”).
6.3 Availability. The Company does not guarantee that the Website will operate without interruption or that the servers ensuring access to it operate and/or the third party sites to which hypertext links refer do not contain viruses.
7. Updates of terms and conditions of use of the Website and applicable law
The Company may update these General Terms and Conditions of Use of the Website at any time. Consequently, you are invited to regularly refer to the latest version in effect. These General Terms and Conditions of Use shall be construed in accordance with applicable laws, without giving effect to any conflict of law principles.
8. Contact Details
You may direct all questions concerning conditions of use of the Website by e-mail to communications@Total.com or by mail to the following address:
Total Petrochemicals & Refining USA, Inc.
1201 Louisiana Street, Suite 1800
Houston, TX 77002
*The Total S.A. U.S. affiliates include, but are not limited to, the following entities: Total Petrochemicals & Refining USA, Inc., Total Gas & Power North America, Inc., TOTAL E&P Americas, LLC, TOTAL E&P USA, Inc., TOTAL E&P New Ventures, Inc., TOTAL E&P Research & Technology USA, LLC, TOTAL E&P USA Operating, LLC, TOTAL Specialties USA, Inc., Atlantic Trading & Marketing, Inc., Hutchinson Corporation and SunPower Corporation.