Website Terms of Use

ACCEPTANCE OF TERMS:

The content provided on this website is offered as a service to members of the Association of Ship Brokers & Agents (USA) Inc. and to the general public.  Both categories of website users (“Users”) are governed by these Terms of Use and by accessing this website, Users agree to accept all the terms and conditions contained herein.  Users should discontinue access to this website if they object to any of these Terms of Use.

DISCLAIMER:

This website is provided “as is” and while ASBA exercises commercially reasonable efforts to post accurate information on the website, ASBA makes no representations or warranties of any kind regarding the correctness, suitability or reliability of the information, materials or content of the website, particularly non-original content that is supplied by third parties or that can be accessed through links posted on this website.  ASBA does not endorse, and makes no representations or warranties regarding any linked websites, the content of those websites, or services offered on such websites.

ASBA cannot guarantee that the website will operate free of errors, viruses, or other harmful elements, or will operate without interruption.  Users access this website or utilize the website’s content at their own risk.

Nothing in this website shall be construed as providing commercial, business or legal advice and Users should consider obtaining independent professional advice with respect to issues that may affect their particular circumstances.

INTELLECTUAL PROPERY RIGHTS:

ASBA asserts and reserves its intellectual property rights over all original website content and Users are granted a limited license to access and view material contained on this website.  The ASBA logo used on this website is a trademark of ASBA and ASBA holds the copyright on any ASBA charter party forms that can be accessed through this website.

MEMBER-ONLY ACCESS:

Certain areas of this website are restricted to members of ASBA (“Member Users”) and will require a user name and password to gain access.  Member Users are responsible for maintaining the confidentiality of their login information and are responsible for any activity that occurs as a result of enabling another person to utilize such Member User’s password.  Member Users are obligated to immediately notify ASBA in the event of any unauthorized login activity.

ASBA reserves the right, at its sole discretion and without notice, to deactivate a Member User’s account or password and may also terminate this website or any of its services at any time.

PROHIBITED USE:

Users of this website may not:

(a)  use the ASBA name and logo in any promotional material or in a manner that expresses or suggests endorsement, sponsorship or affiliation with any other entity, product or service;

(b)  use any material, information, images or photographs which are available on the website in any way that infringes any copyright, trademark, patent, or other proprietary right of another party;

(c)  use any software product or automated electronic tool that permits a User to engage in data mining, data harvesting, data extraction or any similar activity relating to the website or which might allow unauthorized access to the website servers;

(d)  use, download or appropriate the website’s member directory for the commercial use of  another party (whether or not such information is transferred for a fee);

(e)  use the website for any illegal purpose or in violation of any codes of conduct or ethical guidelines.

COOKIES:

A “cookie” is a small piece of data that a web server transmits to a computer’s hard drive.  Cookies are encrypted and cannot read data off a hard drive or save any personally identifiable information stored on a hard drive.  Cookies are used to recognize Users when they log on to the ASBA website and can help ASBA identify areas of the website that are most frequently visited by Users.  Users can disable cookies by changing the settings of their internet browser, although by doing so, the experience on the ASBA website and other websites may be diminished.

LIMITATION OF LIABILITY:

In no event shall ASBA be liable for any loss or damages resulting from any unauthorized use or breach of security of the website, or resulting from a User’s failure to comply with these Terms of Use.  ASBA shall not be liable for any termination of a User’s access to the website or for the discontinuation of website services.  Nor shall ASBA be liable for any kind of direct, indirect, incidental, special or consequential damages, or damages for lost profits, revenue, data or goodwill resulting from a User’s access to, use of, or inability to use this website.

INDEMNITY:

Users agree to indemnify and hold ASBA and its officers, directors, employees and agents harmless from all categories of claims, damages or losses, including attorneys’ fees, asserted by any third party that arises from User’s use of the website, User’s violation of these Terms of Use or User’s infringement of the rights of another.

LIMITATION OF LIABILITY:

In no event shall ASBA be liable for any loss or damages resulting from any unauthorized use or breach of security of the website, or resulting from a User’s failure to comply with these Terms of Use.  ASBA shall not be liable for any termination of a User’s access to the website or for the discontinuation of website services.  Nor shall ASBA be liable for any direct, indirect, incidental, special or consequential damages, or damages for lost profits, revenue, data or goodwill resulting from a User’s access to, use of, or inability to use this website.

LAW AND JURISDICTION:

These Terms of Use are governed by the law of the State of New York and Users agree to submit to the non-exclusive jurisdiction of the state and federal courts in New York for the resolution of any disputes.

OCTOBER 2018

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