ATTENTION! BY REGISTERING TO USE THIS WEBSITE, CLICKING “I AGREE” BELOW, OR CONTINUING TO USE THIS WEBSITE (EVEN ABSENT REGISTRATION), YOU CONSENT TO THE FOLLOWING TERMS AND CONDITIONS, WHICH WILL BE LEGALLY BINDING ON USERS OF WWW.VESSELCHARTER.COM. PLEASE CAREFULLY READ THE FOLLOWING TERMS OF SERVICE BEFORE USING WWW.VESSELCHARTER.COM.
By CLICKING HERE, I am representing and warranting the following statements as true:
This is a legal agreement (“Agreement”) between you and Vessel Charter, LLC (hereinafter referred to as “VC”),the owner and developer of www.VesselCharter.com. By registering for any service provided on www.VesselCharter.com, you become a client (“Client”)and you agree to be bound by the terms and conditions (collectively, the “Terms”)of this Agreement as long as you remain a Client. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY WWW.VESSELCHARTER.COM SERVICE AND IMMEDIATELY EXIT FROM WWW.VESSELCHARTER.COM. These Terms are subject to change at any time, effective upon notice to you.
1. Limitations of Liability and Indemnification. By using any services provided by www.VesselCharter.com, you agree that in no event will www.VesselCharter.com, VC, its and their officers, employees, agents, affiliates, insurer, licensees and web hosting service vendors be liable for any direct or indirect, incidental, special or consequential damages as a result of you accessing the Website, using any of the services available, or entering into any relationships or agreements with other users of www.VesselCharter.com. Your sole remedy for any breach or default of this Agreement by www.VesselCharter.com or VC shall be a return of any fees paid to www.VesselCharter.com or VC for any services provided under this Agreement. You agree to indemnify, defend, and hold harmless www.VesselCharter.com, VC, its and their officers, employees, agents, affiliates, licensees and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of www.VesselCharter.com, using any of the services available from www.VesselCharter.com, orentering into any relationships or agreements with other users ofwww.VesselCharter.com, including any breach by you of the terms contained in this Agreement.
2. Responsibility for Use of the Website. You understand and agree that you are solely responsible for your actions and decisions to meet other people who you meet online by virtue of the services provided on www.VesselCharter.com. You understand that www.VesselCharter.com and VC do not perform psychological testing or background checks on the individuals who may use the www.VesselCharter.com services. You understand and agree that you must take all reasonable precautions before meeting others through the service provided by www.VesselCharter.com,which includes, but is not limited to: exchanging e-mail first before giving out any personal information and meeting in a public place.
3. Do Not Rely on www.VesselCharter.com. The purpose of the VC is to connect users with vessel owners/operators across the globe for commercial purposes. VC does not provide professional advice of any kind or nature. Opinions, advice, statements, or other comments should not necessarily be relied upon and are not to be construed as professional advice from www.VesselCharter.com or VC. www.VesselCharter.com and VC do not guarantee the accuracy or completeness of any of the information provided. VC, its and their officers, employees, agents, affiliates, insurer, licensees and web hosting service vendors are not responsible for any loss resulting from your reliance on such information. VC relies upon the accuracy of the information provided from its users, including vessel owners and service providers.
4. Warning re: Offensive Information. It is possible that other www.VesselCharter.com clients will post or send obscene or offensive materials on the site or to you via e-mail. It is also possible that by using your e-mail address, other people may, through other means outside the control of www.VesselCharter.com, have access to personal information about you. www.VesselCharter.com, VC, its employees, agents, affiliates, licensees, and web hosting services are not responsible for these transmissions or for the release of such information by others about you.
5. Right to Report. If you see any obscene or offensive materials posted on www.VesselCharter.com, or question the veracity of the communications from another user or vessel/owner, please report such materials to REPORT@VesselCharter.com.
6. Right to Monitor. www.VesselCharter.com and VC reserve the right, but are not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Not with standing the foregoing, you remain solely responsible for your use of any information contained on the site. VC will not hesitate to report individuals, users, or entities that are suspected of using www.VesselCharter.com for illegal purposes (as defined under the laws of the United States and the State of Louisiana) to the United States Federal Bureau of Investigation, Interpol, the United States Secret Service, the Louisiana Bureau of Investigation, or any other law enforcement entity with potential jurisdiction over the offender.
7. Confidentiality. It is agreed that all personal information given to www.VesselCharter.com or VC, will be kept confidential by www.VesselCharter.com and VC, with the following exceptions: (1) basic biographical information (i.e. age, sex, race) will be posted with your user ID for others to view; (2) you actively chose to post your personal information for others to see; (3) you send a message to another client, which will disclose your e-mail address to that client or (4) you have harassed another person via any service provided by www.VesselCharter.com, in which case the confidentiality clause contained in this Agreement is rendered null and void.
8. Ownership, Copyrights,Trademarks, Licenses. www.VesselCharter.com and VC own and retain all proprietary rights to the www.VesselCharter.com service, its trademarks, and copyrights. Except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute the proprietary information of www.VesselCharter.com and VC. By posting information to www.VesselCharter.com and VC you represent that you have the right to grant permission for use by www.VesselCharter.com and VC.
9. No Warranties. www.VesselCharter.com and VC provide the www.VesselCharter.com services on an“as is” basis and do not make any warranty, express, implied, limited, or other with respect to the services provided and the veracity of any information provider from other users and vessel owners/operators. Specifically, www.VesselCharter.comand VC do not warrant that the service will always be available, be uninterrupted, be error free, meet your requirements, or that any defects in the services will be corrected. www.VesselCharter.com and VC further disclaim any warranty of fitness of any vessel mentioned or advertised on www.VesselCharter.com.
10. Data Processing. To the extent that VC determines it necessary and may be considered a “Controller” of data belonging to any VC user that is located in the European Economic Area, VC may utilize the services of a third-party Processor (as defined in Regulation 2016/679 of the European Parliament). Further, VC and/or a Processor may be required to transfer personal information to countries outside the EEA. Countries outside the EEA may not provide an adequate level of protection for your personal information. Accordingly, Users located in the EEA assume such risks by utilizing VC’s services on www.VesselCharter.com. You may request that VC not transfer such information or utilize the services of a Processor. However, please note that such requests may result inability to use VC services on www.VesselCharter.com. Please send any requests to VC to PRIVACY@VesselCharter.com.
11. Jurisdiction. This Agreement or any dispute arising from this Agreement is governed by the laws of the state of Louisiana, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before the United States District Court for the Middle District of Louisiana and you hereby consent to the jurisdiction of any such court.
12. Severability. If any provision is found to be invalid, the remaining provisions will be in full force and effect.
13. Certification. You certify that you are at least 18 years of age and that your answers to the registration materials on www.VesselCharter.com will be truthful. In accessing and using www.VesselCharter.com, you understand and agree that basic information concerning you, given to www.VesselCharter.com, will be published on the VC for others to view along with your User ID. Your name, address and e-mail address are kept confidential, except where provided above.
14. Entire Agreement. This Agreement constitutes your entire Agreement with www.VesselCharter.com and VC with respect to any services.
You further understand and agree that clicking or pressing on the “I AGREE” is the electronic equivalent of a written signature on this document.