Terms and Conditions Contents
2. Information on the Website
3. Trade Marks
4. External Links
5. Specific Use
7. Disclaimer of Liability
8. Use of the Website
9.1 Entire Agreement
These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.
The Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
9.7 Applicable laws
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any principles of conflict of law. Any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith will be litigated or arbitrated in Harris County, Texas.
9.8 Comments or Questions
Kirby Corporation is committed to providing access to all individuals – with or without disabilities – seeking electronic information on our websites. We build our websites so that individuals with disabilities have access to, and use of, information and data comparable to that provided to individuals without disabilities, unless an undue burden would be imposed on us.
If you have difficulty accessing information on this site, particularly if using assistive technology including screen readers, eye tracking devices, or voice recognition software, please contact us. You can do this by emailing firstname.lastname@example.org with the following information:
- URL (web address) of the material you tried to access
- the problem you experienced
- your contact information
We will get back to you as soon as we can, and attempt to provide the information you’re seeking.