Oxy HSE Coach Terms and Conditions

These Terms and Conditions (“Terms and Conditions”) are entered into by and between you (“You” or “Your”) and Occidental Petroleum Corporation (together with its affiliates, “OXY”) and governs Your use of OXY HSE COACH (the “System”). 

OXY maintains the System to collect, analyze, and respond to observations you make. By accessing and using the System, you acknowledge and agree to the following terms and conditions:

1. USER REPRESENTATIONS AND WARRANTIES. You are solely responsible for all content, data, images, and information that you submit through this System (the “User Inputs”). You represent and warrant that Your User Inputs:
   1. are accurate, complete and truthful;
   2. do not violate any laws, regulations or third-party rights;
   3. are relevant to health, safety and/or environmental matters;
   4. do not contain any false, misleading or malicious information;
   5. do not identify individuals by name or other means that could identify them;
   6. do not contain confidential information of third parties without proper authorization; and
   7. are submitted only through approved channels, like the QR codes scanned at OXY facilities or worksites.
2. AI-GENERATED CONTENT.
   1. General Guidance Only. The System may provide AI-generated responses related to health, safety, and environmental matters. All such content is provided for general informational and educational purposes only.
   2. No Guarantee of Accuracy or Completeness. OXY makes no representations or warranties regarding the accuracy, completeness, reliability, or appropriateness of any AI-generated content provided by the System. The System may not identify hazards or provide complete safety guidance for any particular situation.
   3. Not a Substitute for Training or Professional Judgment. The System is not a substitute for proper safety training, professional expertise, site-specific hazard assessments, or qualified HSE personnel. You must consult with appropriate supervisors, safety professionals, or other qualified personnel and follow all OXY protocol, procedures and guidelines before taking any action based on information from the System.
   4. No Reliance. You acknowledge and agree that you will not rely solely on any responses, suggestions, or information provided by the System when making safety decisions. You are responsible for exercising your own independent judgment and following all applicable OXY policies, procedures, training, and legal requirements.
3. SYSTEM AVAILABILITY. System availability is not guaranteed and OXY is not liable for any technical issues or downtime.
4. OWNERSHIP AND USE OF USER INPUTS.
   1. OXY owns all rights, title and interest in and to any User Inputs that you submit, including any intellectual property rights associated with those User Inputs. 
   2. OXY may store, process, and use the User Inputs for any lawful business purpose.
   3. Submitting User Inputs does not require OXY to do anything with them. As between OXY and you, OXY has no obligation to use, review or take any action regarding or in response to any User Inputs. 
5. INDEMNIFICATION. You agree to indemnify, defend and hold harmless OXY, its officers, directors, employees, agents and affiliates from and against any and all claims, damages, losses, costs and expenses (including reasonable attorneys’ fees) arising or relating to:
   1. Your use of this System;
   2. Your User Inputs;
   3. Any breach of these Terms and Conditions;
   4. Your violation of law or third-party rights; and
   5. Any harm caused to third parties as a result of Your User Inputs.
6. DISCLAIMER OF WARRANTIES. THIS SYSTEM IS PROVIDED “AS-IS” WITHOUT WARRANTIES OF ANY KIND. OXY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AND RELIABILITY. OXY DOES NOT WARRANT THAT THE SYSTEM WILL IDENTIFY ALL HAZARDS, PROVIDE COMPLETE OR ACCURATE SAFETY GUIDANCE, OR BE SUITABLE FOR ANY PARTICULAR PURPOSE OR SITUATION. OXY MAKES NO REPRESENTATION THAT THE ADVICE OR INFORMATION PROVIDED BY THE SYSTEM IS ACCURATE, CURRENT, OR APPLICABLE TO YOUR SPECIFIC CIRCUMSTANCES.
7. LIMITATION OF LIABILITY. IN NO EVENT WILL OXY BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING FROM OR RELATED TO YOUR USE OF OR RELIANCE ON THE SYSTEM, ANY ADVICE OR INFORMATION PROVIDED BY THE SYSTEM, ANY ACTIONS TAKEN OR NOT TAKEN BASED ON SYSTEM CONTENT, OR ANY INJURIES, ACCIDENTS, OR INCIDENTS THAT OCCUR IN CONNECTION WITH YOUR USE OF THE SYSTEM.
8. TERMINATION. OXY reserves the right to suspend or terminate Your access to the System for violation of these Terms and Conditions at any time. OXY reserves the right to update or discontinue this System at any time.
9. MODIFICATION. OXY reserves the right to modify these Terms and Conditions at any time. Continued use of the System constitutes acceptance of modified terms.
10. GOVERNING LAW. These Terms and Conditions are governed by the laws of Texas without regard to conflict of law principles. Venue for any disputes will be in the state or federal courts of Montgomery County, Texas.
11. SEVERABILITY. If any provision of these Terms and Conditions is found to be unenforceable, the remainder will remain in full force and effect. 
12. ENTIRE AGREEMENT. These Terms and Conditions constitute the entire agreement between You and OXY regarding the use of the System and supersede all prior agreements or understandings. 
13. ACKNOWLEDGMENT AND CONSENT. By checking the acknowledgment box and submitting User Inputs through the System, you affirm that you have read, understood, and agree to be bound by these Terms and Conditions and OXY's Privacy Statement.