Terms of Use
IMPORTANT – PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY
For simplicity, Occidental Chemical Corporation and its subsidiaries and affiliated companies are referred to collectively throughout this website (the “Site”) as the company, the corporation, or “OxyChem.” However, nothing on the Site or related websites are intended to conflict with the corporate separateness of these entities. OxyChem operates and maintains the Site for the benefit of OxyChem’s employees, customers, vendors, royalty holders and other Site users (collectively, the “Users”). By using the Site, Users accept and agree to the following terms and conditions (the “Terms”). Please read the Terms carefully before using the Site. Once accepted, the Terms will constitute a binding agreement between you and OxyChem. If you do not agree to the Terms, do not use the Site.
Updates
The Terms are subject to change without notice by OxyChem at any time. Please check for changes regularly. Your use of the Site after such changes constitutes your agreement to such changes.
Use of the Site
OxyChem authorizes you to view and download the materials on the Site strictly for your personal, non-commercial use. Materials may be downloaded or printed for informational use only, provided that you retain all copyright and other proprietary notices contained in the original materials or any copies of the materials. You may not modify the materials at the Site in any way or reproduce or publicly display, perform or distribute or otherwise use them for any public or commercial purpose. You may not use the Site or its contents in a false, misleading, derogatory or otherwise offensive manner or to engage in or encourage conduct that would violate any applicable law or regulation or give rise to civil liability. You further agree that use of any information obtained via the Site is at your own risk. Any use of the Site materials on any other website or networked computer environment for any purpose is strictly prohibited. Furthermore, you may not link to the Site without OxyChem’s express permission in writing. Any personally identifiable information provided by you is subject to OxyChem’s Privacy Agreement. A link to this agreement is found on the bottom of each page of the Site. Any breach of these Terms automatically terminates your authorization to use the Site and the information on the Site.
Trademark and Copyright
OxyChem, and certain other brands, trademarks, and service marks are marks of Occidental Chemical Corporation and its affiliates. The materials on the Site are copyrighted, and any unauthorized use of any materials on the Site may violate copyright, trademark and other laws.
Unsolicited Material
OxyChem does not accept or consider unsolicited ideas, including ideas for new technologies or processes, through the Site. This policy is to avoid potential misunderstandings or disputes regarding ownership of ideas. Do not transmit any material through the Site that you consider confidential or proprietary. Any material that you transmit through the Site will be considered not to be confidential or proprietary.
Hyperlinks to Third Party Websites
For your convenience, the Site contains links to other websites, including some administered by OxyChem or by other companies on behalf of OxyChem, as well as to third party and business partner websites not administered by OxyChem. OxyChem has not reviewed, and does not monitor, the websites that it does not administer; does not otherwise control them; and is not responsible for their content. Also, OxyChem’s Privacy Statement does not apply to, and OxyChem is not responsible for the privacy practices of, any such website. If you decide to access any of these websites, you do so entirely at your own risk. Please check each page you visit to determine whether it is an OxyChem-administered website.
Forward-looking Statements
Information on the Site and OxyChem’s social media pages, including those on Facebook, Instagram, LinkedIn and Twitter, may contain forward-looking statements and involve risks and uncertainties that could materially affect expected results of operations, liquidity, cash flows and business prospects. All statements other than statements of historical fact are “forward-looking statements” for purposes of federal and state securities laws, and they include, but are not limited to: any projections of earnings, revenue or other financial items or future financial position or sources of financing; any statements of the plans, strategies and objectives of management for future operations or business strategy; any statements regarding future economic conditions or performance; any statements of belief; and any statements of assumptions underlying any of the foregoing. Words such as “estimate,” “project,” “predict,” “will,” “would,” “should,” “could,” “may,” “might,” “anticipate,” “plan,” “intend,” “believe,” “expect,” “aim,” “goal,” “target,” “objective,” “commit,” “advance,” “likely” or similar expressions that convey the prospective nature of events or outcomes are generally indicative of forward-looking statements. You should not place undue reliance on these forward-looking statements, which speak only as of the date posted or otherwise indicated. Unless legally required, OxyChem does not undertake any obligation to update, modify or withdraw any forward-looking statements as a result of new information, future events or otherwise.
Although OxyChem believes that the expectations reflected in any of its forward-looking statements are reasonable, actual results may differ from anticipated results, sometimes materially. Factors that could cause results to differ from those projected or assumed in any forward-looking statement include, but are not limited to: the scope and duration of the COVID-19 pandemic and actions taken by governmental authorities and other third parties in response to the pandemic; OxyChem’s indebtedness and other payment obligations, including the need to generate sufficient cash flows to fund operations; OxyChem’s ability to successfully monetize select assets, repay or refinance debt and the impact of changes in OxyChem’s credit ratings; assumptions about energy markets; global and local commodity and commodity-futures pricing fluctuations; supply and demand considerations for, and the prices of, OxyChem’s products and services; actions by the Organization of the Petroleum Exporting Countries (OPEC) and non-OPEC oil producing countries; results from operations and competitive conditions; future impairments of our proved and unproved oil and gas properties or equity investments, or write-downs of productive assets, causing charges to earnings; unexpected changes in costs; availability of capital resources, levels of capital expenditures and contractual obligations; the regulatory approval environment, including OxyChem’s ability to timely obtain or maintain permits or other governmental approvals, including those necessary for drilling and/or development projects; OxyChem’s ability to successfully complete, or any material delay of, field developments, expansion projects, capital expenditures, efficiency projects, acquisitions or dispositions; risks associated with acquisitions, mergers and joint ventures, such as difficulties integrating businesses, uncertainty associated with financial projections, projected synergies, restructuring, increased costs and adverse tax consequences; uncertainties and liabilities associated with acquired and divested properties and businesses; uncertainties about the estimated quantities of oil, natural gas liquids and natural gas reserves; lower-than-expected production from development projects or acquisitions; OxyChem’s ability to realize the anticipated benefits from prior or future streamlining actions to reduce fixed costs, simplify or improve processes and improve OxyChem’s competitiveness; exploration, drilling and other operational risks; disruptions to, capacity constraints in, or other limitations on the pipeline systems that deliver OxyChem’s oil and natural gas and other processing and transportation considerations; general economic conditions, including slowdowns, domestically or internationally, and volatility in the securities, capital or credit markets; uncertainty from the expected discontinuance of LIBOR and transition to any other interest rate benchmark; governmental actions and political conditions and events; legislative or regulatory changes, including changes relating to hydraulic fracturing or other oil and natural gas operations, retroactive royalty or production tax regimes, deepwater and onshore drilling and permitting regulations and environmental regulation (including regulations related to climate change); environmental risks and liability under federal, regional, state, provincial, tribal, local and international environmental laws and regulations (including remedial actions); OxyChem’s ability to recognize intended benefits from its business strategies and initiatives, such as Oxy Low Carbon Ventures or announced greenhouse gas reduction targets; potential liability resulting from pending or future litigation; disruption or interruption of production or manufacturing or facility damage due to accidents, chemical releases, labor unrest, weather, power outages, natural disasters, cyber-attacks or insurgent activity; the creditworthiness and performance of OxyChem’s counterparties, including financial institutions, operating partners and other parties; failure of risk management; OxyChem’s ability to retain and hire key personnel; reorganization or restructuring of OxyChem’s operations; changes in state, federal or international tax rates; and actions by third parties that are beyond OxyChem’s control. The materials and data available on the Site and OxyChem’s social media pages are provided for your convenience only. U.S. investors are urged to consider closely the disclosure in our most recent Annual Report on Form 10-K, Quarterly Reports on Form 10-Q and Current Reports on Form 8-K, available from us through this website and at the address specified on this website. You can also obtain a copy from the United States Securities and Exchange Commission (the “SEC”) by calling 1-800-SEC-0330 or visiting the SEC’s website, www.sec.gov.
Reserves Disclosure
The SEC permits oil and gas companies, in their filings with the SEC, to disclose only reserves anticipated to be economically producible, as of a given date, by application of development projects to known accumulations. We use certain terms in the Site, such as estimated reserves, recoverable reserves and oil in place, that the SEC’s guidelines strictly prohibit us from using in filings with the SEC. Nothing on the Site constitutes investment advice. Past performance is not a guarantee of future results. A security rating is not a recommendation to buy, sell or hold securities, may be subject to revision or withdrawal at any time by the assigning rating organization and should be evaluated independently of any other rating.
Stock Price Information
Any stock price information presented on the Site should not be relied on for investment purposes. OxyChem does not guarantee the accuracy, completeness or timeliness of this information and is not liable for any loss or damages that may arise from reliance on the stock price information.
Export
OxyChem makes no representation or warranty that materials at the Site are appropriate for use outside the United States, and access to them from locations where their contents are illegal is prohibited. You may not use or export or re-export the materials at, or available through, this Site or any copy or adaptation in violation of applicable laws or regulations including, without limitation, United States export laws and regulations. If you choose to access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable laws and regulations.
No Warranty
The materials provided at the Site are provided “as is” and without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. OxyChem further does not warrant the accuracy and completeness of the materials at the Site. OxyChem does not warrant that the functions contained in the Site will be uninterrupted or error-free, that defects will be corrected or that the Site, or the server that makes it available, are free from viruses or other harmful components. OxyChem may make changes to the materials at the Site, or to the products and prices described in them, at any time without notice. The materials at the Site may be out of date, and OxyChem makes no commitment to update the materials at the Site. Current information about OxyChem may be found at www.sec.gov, where annual reports, quarterly and current reports, proxy statements and other information filed by OxyChem with the SEC are accessible. Information published at the Site may refer to products, programs or services that are not available to you. Consult your local OxyChem business contact for information regarding the products, programs and services that may be available to you. Applicable law may restrict the exclusion of certain implied warranties in certain circumstances, and, in those circumstances, the above exclusion of warranties applies to the maximum extent allowed under applicable law.
Limitation of Liability
You assume full responsibility for your use of the Site and in no event will OxyChem, its suppliers or other third parties mentioned at the Site be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost data, the cost of procurement of substitute goods or services, or business interruption) arising out of the use, inability to use, or the results of the use of the Site, any websites linked to the Site, or the materials or information 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 or information from the Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Applicable law may not restrict the exclusion or limitation of incidental or consequential damages in certain circumstances, and, in those circumstances, the above exclusion or limitation applies to the maximum extent allowed under applicable law. If you are dissatisfied with any portion of the Site or with the Terms, your sole and exclusive remedy is to discontinue using the Site.
Applicable Law
The Terms are governed by the laws of the State of Texas, without giving effect to any principles of conflicts of laws. By accessing or using the Site you waive any and all rights that are different from, or conflict with, those protected by such law, to the extent you may lawfully do so.
Venue
By accessing or using the Site, you agree that the laws of the State of Texas, excluding its conflicts-of-law rules, shall govern these Terms. You expressly agree that exclusive jurisdiction for any claim, dispute or cause of action relating in any way to your use of the Site, resides in the courts of the State of Texas, with venue residing solely in the United States District Court for the Southern District of the State of Texas or a similar Texas state court within Harris County, Texas.
Personal Jurisdiction
By accessing or using the Site, you also consent to the exercise of personal jurisdiction in the courts of the State of Texas regarding any dispute that arises from the Site.
Waiver
Failure to enforce strict performance of the Terms shall not be construed as a waiver of any provision or right. OxyChem may assign its rights and duties under the Terms without notice to any party at any time.
Updates
The Terms are subject to change without notice by OxyChem at any time. Please check for changes regularly. Your use of the Site after such changes constitutes your agreement to such changes.