Terms of Use

Last Updated 18 June 2024

Welcome to HMHdirect! Please read the following HMHdirect Terms and Conditions of Use (these “Terms and Conditions of Use”) carefully before using this HMHdirect website (the “Site”). YOUR USE OF THIS SITE CONSTITUTES AGREEMENT TO THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SITE.

Rules and Regulations

The following rules and regulations apply to all visitors to or users of this Site. By accessing this Site, user acknowledges acceptance of these Terms and Conditions of Use. Hydril USA Distribution LLC and its aﬃliates, parents and subsidiaries (collectively referred to as “HMH”) reserve the right to change these rules and regulations from time to time at its sole discretion. In the case of any violation of these rules and regulations, HMH™ reserves the right to seek all remedies available by law and in equity for such violations. These rules and regulations apply to all visits to the HMH Site, both now and in the future. No portion of the Site, any content therein or these Terms and Conditions of Use may be reproduced in any form, or by any means, without prior written permission from HMH.

Compliance with Applicable Laws; Export Control Laws

User access to this Site is governed by all applicable U.S., applicable jurisdictional, federal, state and local laws, rules, regulations, directives, ordinances, orders, or statutes (“Laws”), including all applicable export control and sanctions Laws. All information, products, software or services available on the Site is subject to U.S. export control laws and may also be subject to the laws of other countries, the jurisdiction where such information, products, software or services were obtained, or where you reside.

Some content, products and material on this Site may be subject to export controls imposed by the United States of America and may not be exported or re-exported, including downloading or printing from a location outside the United States and, in particular, may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. You represent and warrant that your access and use of the Sites and any content therein will not violate any such laws and that you are not located in any such country or on any such list. You acknowledge that you are familiar with the United States Department of Commerce regulations concerning the export or re-export of United States source technical data, or the direct product thereof, to unauthorized destinations and you agree to abide by all such regulations in respect of all information supplied by or on behalf of HMH hereunder. You represent that if you download or print materials on this Site, you are not located in, are not under the control of, and are not a national or resident of any country to which the United States, United Kingdom, the European Union or any other country with applicable Laws has placed an embargo, including, but not limited to, Iran, Cuba, the DPRK, Russia, Belarus, Syria, Sudan, South Sudan, Western Sahara, Crimea, or the Donetsk, Luhansk, Zaporizhzhia and Kherson regions’’.

HMH is subject to various export control and sanctions regimes around the world, including but not limited to, the US Export Administration Regulations (EAR), the International Traﬃc in Arms Regulations (ITAR), and the sanctions regulations and embargoes programs administered by the U.S. Treasury Department Oﬃce of Foreign Assets Control (OFAC), the European Union, and the United Kingdom. HMH expects you, as a customer, to understand and comply with all applicable Laws.

HMH requires our customers to take reasonable steps to ensure that HMH products are not sold to an end-user, transited to prohibited destinations, prohibited parties, or for prohibited purposes, and all required export or re- export licenses must be obtained from the United States, the United Kingdom, or other relevant EU/EEA national authorities. Prohibited destinations, parties and users include any country or region, person, or use that may be prohibited under any sanctions program administered by the United States, United Kingdom, the European Union or any other country with applicable Laws.

NO HMH PRODUCT MAY BE SOLD TO AN END-USER OR TRANSITED TO ANY U.S. EMBARGOED COUNTRIES OR TO ANYONE ON THE U.S. TREASURY DEPARTMENT'S LIST OF SPECIALLY DESIGNATED NATIONALS OR THE U.S. DEPARTMENT OF COMMERCE DENIED PERSON'S LIST OR ENTITY LIST, INCLUDING BUT NOT LIMITED TO IRAN, CUBA, THE DPRK, RUSSIA, BELARUS, SYRIA, SUDAN, SOUTH SUDAN, WESTERN SAHARA, CRIMEA, OR THE DONETSK, LUHANSK, ZAPORIZHZHIA AND KHERSON REGIONS REGARDLESS OF WHETHER YOU OBTAIN ANY REQUIRED GOVERNMENT AUTHORIZATIONS, LICENSES, PERMITS, OR APPROVALS.

In the event that an HMH product is sold to a prohibited party or destination (or an HMH product is located in one of these destinations), or for a prohibited use, HMH will not provide any service or support for such product, and any warranty in connection with such sales or placement will be void.

If HMH identiﬁes any violations of its policy, whether related to international trade, anti-bribery, competition or other applicable Laws, it may take action up to and including suspending any pending or future orders and termination of the business relationship. HMH also expects its customers who resell HMH product to establish their own effective policies and procedures to comply with such Laws, and HMH reserves the right to audit those policies and procedures.

Commercial Terms & Conditions

By placing your order, you hereby agree to the HMH General Terms & Conditions for Sale of Products, Parts and/or Services (the “HMH Terms”). The HMH Terms can be found at:

HMH Terms of Purchase

You agree and acknowledge that (i) you have carefully read the HMH Terms, (ii) your purchase is governed by the HMH Terms and you are a party to the HMH Terms and therefore subject to certain obligations and requirements under the HMH Terms, and (iii) you have the legal authority to enter into the HMH Terms and to bind your company to such terms (if agreeing on behalf of a company). YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT THE HMH TERMS CONTAIN LIMITATIONS OF LIABILITY AND INDEMNITY OBLIGATIONS, TO WHICH YOU ARE BOUND BY PLACING THIS ORDER.

All items purchased from our Site are made pursuant to those HMH Terms. The risk of loss and title for such items pass to you upon our delivery to the carrier or to you, as the case may be, in accordance with the relevant Incoterm speciﬁed in the HMH Terms.

Copyrights and Property of HMH

ALL MATERIALS AND CONTENTS ON THIS SITE ARE SUBJECT TO THE OWNERSHIP RIGHTS OF HMH AND ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM HMH. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.

Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of HMH or any third party.

Trademarks

This Site contains many HMH trademarks, logos and service marks (collectively, the “Marks”). All Marks displayed on this Site are the property of HMH. All rights in the intellectual property contained in this Site including copyright, Marks, trade secret and patent rights are reserved (collectively, “Intellectual Property”). Access to this Site does not constitute a right to copy or use any of the Intellectual Property. You are not permitted to use the Intellectual Property without the prior written consent of HMH.

General Disclaimer

Although HMH has attempted to provide accurate information on this Site, HMH does not warrant the accuracy or completeness of the information obtained from this Site and HMH assumes no responsibility for the accuracy or completeness of the information. HMH may change the programs or products mentioned at any time without notice. While efforts have been made to make this Site helpful and accurate, due to the open nature of this Site, and the potential for errors in the storage and transmission of digital information, HMH does not warrant the accuracy of information obtained from this Site. HMH shall not be responsible for, and shall have no obligation to you with respect to, any claim by any other person arising from, or attributable to, your access to, possession of, use of, or inability to use, or errors or omissions in, the materials on this Site.

ALL INFORMATION PROVIDED ON THIS SITE IS PROVIDED "AS IS" WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. HMH DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

HMH DOES NOT WARRANT THAT FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERUPPTED OR ERROR- FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION AFTER VISITING THIS SITE AND/OR DOWNLOADING THE MATERIALS.

HMH SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY HMH PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF HMH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Transmission of Personal Data/User Communications

HMH will maintain the conﬁdentiality of all personal data transmitted to HMH by you unless we are under a legal obligation to disclose such data. Any feedback, remarks, suggestions, ideas, graphics or other information you provide to HMH through this Site shall be deemed to be non-conﬁdential and HMH will have no obligation to protect such information or treat such information as conﬁdential and may use such information in any way it chooses. HMH shall have the exclusive ownership of all present and future existing rights in such information, without compensation to the person sending the information.

Privacy

By placing your order, you hereby agree to HMH’s privacy policy located at:

HMH Privacy Notice and Cookie Policy

We will comply with the applicable data protection laws in relation to any personal data we are provided with by anyone who accesses this Site, including but not limited to the EU General Data Protection Regulation and applicable implementing legislation adopted by Member States (“GDPR”) where applicable.

Our Privacy Notice describes how we process our clients’ personal information, individuals connected to our clients and other business contacts. Our Privacy Notice contains the following information in line with the GDPR requirements:

Why we process personal information and the lawful bases for these processing activities (identifying our legitimate interests and statutory obligations, where applicable);
Categories of personal information processed by the HMH and its aﬃliates;
Other oﬃces and third parties with which HMH and its aﬃliates may share personal information;
Circumstances in which we transfer personal information to countries outside the US for processing, and the safeguards we put in place to protect international transfers;
Our record retention policy for personal information; and;
Individual rights in relation to their personal information.

Cookies

A cookie is a small data ﬁle that certain Web sites write to your hard drive when you visit them. A cookie ﬁle can contain information such as a user ID that the site uses to track the pages you've visited, but the only personal information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie ﬁles created by other sites. Some parts of this Site use cookies to track user traﬃc patterns. HMH may do this in order to determine the usefulness of HMH information to our users and to see how effective our navigational structure is in helping users reach that information. HMH does not correlate this information with data about individual users, nor does it share this information or sell it to any third party.

If you prefer not to receive cookies on this Site, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser. Refusal of cookies may limit the functionality of this Site.

Products and Services Availability

Not all products or programs mentioned may be available in non-US countries. Please contact us for information as to products and services available in other countries.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms and Conditions of Use. You agree not to use the Site:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of materials, data, or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, threatening them, blackmailing them, asking for personally identiﬁable information, or otherwise.
For the purpose of exploiting, harming, or attempting to harm a person in any way by falsely using the Site to lend authenticity to an offer of employment, training, or sponsorship.
For the purposes of human rights violations.
For the purposes of increasing, enhancing, adjusting, driving, or modifying any social media metric (e.g., media impression) not authorized by HMH, whether for yourself or a third party.
To impersonate or attempt to impersonate HMH, a HMH employee, any HMH social media account or social media communication, another user, or any other person or entity.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by HMH, may harm HMH, the Site, or users of the Site, or expose HMH or users of the Site to liability.

Additionally, you agree not to:

Use the Site in any manner that could disable, overburden, damage, interrupt, divert, intercept, redirect, interfere with, or impair the Site.
Use the Site in any manner that could disable, overburden, damage, interrupt, divert, intercept, redirect, or interfere with any other party’s engagement with real time functionality of the Site.
Use any device, software, or routine that interferes with the proper working of the Site.
Use any automated systems (robots, spiders, or any other data-mining or similar data-gathering and extraction tools) to access, acquire, or download information on this Site where such systems are employed in connection with commercial objectives, or in a fashion that directly or indirectly violates the privacy interests of any individual.
Frame or use framing techniques to enclose any portion of this site without the express written consent of HMH. You may not use meta tags or any other hidden text using the HMH name or trademarks and service marks without the express written consent of HMH.
Upload to, distribute, or otherwise publish through this Site any content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, abusive, inﬂammatory, or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise create liability or violate any Laws.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
Attack the Site including via a denial-of-service attack or a distributed denial-of-service attack.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
Use artiﬁcial intelligence or machine learning algorithms on the content of this Site. For the avoidance of doubt, HMH does not provide permission to you copy, scrape, archive, or otherwise provide the content of the Site unless provided otherwise via separate written agreement between you and HMH.
Otherwise attempt to interfere with the proper working of the Site.

Forums, interactive areas, postings, and feedback

This Site may include discussion forums or other interactive areas, including chat rooms, bulletin boards, and collaboration facilities. Forums and interactive areas will be used only for noncommercial purposes and you are not permitted to distribute or publish promotions, advertising or solicitations for funds, goods, or services.

You will remain solely liable for the content of any messages, content, data, material or other information posted by you on this website (“Postings”), and HMH takes no responsibility and assumes no liability for the content of any Posting. Please contact HMH concerning any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter on this Site. HMH reserves the right, in its sole discretion, to remove or edit any of your Postings that are determined to be harmful, offensive, or otherwise inappropriate for any reason and at any time.

Except as otherwise provided in a separate written agreement between you and HMH, you agree that any submissions, including but not limited to questions, comments, suggestions, discoveries, drawings, data, text, informational content, or software provided by you in the form of e-mail or electronic submissions to HMH, or postings at this Site (collectively “Submissions”), are non-conﬁdential and non-proprietary and will become the sole property of HMH to the fullest extent permitted by applicable law. HMH will own exclusive rights and will be entitled to the unrestricted use of Submissions for any purpose, commercial or otherwise, without acknowledgment or additional compensation to you. You expressly provide to HMH the right to remove, modify, or adapt Submissions for any and all reasons at any time and without compensation or recourse. In the event applicable law operates to prevent HMH from becoming the sole owner of any Submissions, then this provision will be effective as granting to HMH (with unfettered rights of assignment) a perpetual, worldwide, royalty-free, nonexclusive right (including any moral rights) and license to make, use, sell, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the Submissions (in whole or in part) worldwide and or to incorporate Submissions in other works in any form, media, or technology now known or later developed, or to remove, modify, adapt Submissions for the full term of any rights that may exist in any such Submissions.

By making Submissions or Postings or other content to this Site, you warrant to HMH that such Submissions or Postings (i) do not breach the Prohibited Use requirements above; (ii) are owned by you or you have all necessary rights in such Submissions or items to grant HMH the rights as described in these Terms and Conditions of Use, or are otherwise in the public domain; and (iii) do not infringe intellectual property rights, privacy rights, or any other legal or moral rights of any third party. You agree to indemnify HMH against all claims, damages, or losses arising from any action including those alleging infringement of copyright or other proprietary rights in such Submissions or Postings. Furthermore, you agree to indemnify HMH against all claims, damages, or losses arising from any action brought against it by any third party due to, arising out of or related to your (a) use of the Site (including any messages, Submissions, Postings or other material or content you may post or upload to any interactive forum), (b) violation of these Terms and Conditions of Use, or (c) violation of any law, regulation or third party rights. You shall pay any and all costs, damages and expenses, including, without limitation, reasonable attorneys' fees and costs awarded against or otherwise incurred by HMH in connection with or arising from any such claim, lawsuit, action, demand or other proceeding.

We undertake no duty to determine the validity of any claim of copyright. Upon receiving written notice that any Submission or Posting is believed to infringe a copyright or other proprietary right, we have the right to investigate and remove said work and will not permit its reposting.

This Site may include information and materials uploaded by other users of the Site, including to blog spaces, informational portals, bulletin boards, and chat rooms. This information and these materials have not been veriﬁed or approved by HMH. The views expressed by other users on this Site do not represent HMH’s views or values. You assume the entire risk of use from using forums and/or the content contained therein, including but not limited to, harm to your systems, environment, and/or data. You waive all rights against and liability from HMH for use of forums and/or the content contained therein.

Termination

HMH, in its sole discretion, may terminate your username and password and your right to access or use the Site and content contained therein at any time for any reason. The license granted herein will automatically terminate without further action of HMH if you breach these Terms and Conditions of Use or you fail to comply with any of the restrictions as recited herein. Upon the termination of these Terms and Conditions of Use for any reason, you will cease all use of the Sites and its content. The provisions herein intended to survive termination shall survive the termination of these Terms and Conditions of Use.

Governing Law and Disputes

By using this Site and/or placing an order, you agree that the laws of the State of Texas, without regard to principles of conﬂict of laws, will govern these HMHdirect Terms and Conditions of Use and any dispute of any sort that might arise between you and HMH. Any dispute or claim relating in any way to your use of this Site will be adjudicated in the state or Federal courts in Harris County, Texas, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.

Limitation of Liability

HMH’s aggregate liability arising with respect to these HMHdirect Terms and Conditions of Use will not exceed USD2,000 or the total price of the subject products paid or payable to you, whichever is less.

Limited Access

Access to this Site is limited to viewing the linked Web pages solely for legitimate business purposes to access the information provided by HMH on this Site. You may not use any information contained on this Site other than in connection with a legitimate business purpose. Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.