Acceptance of this Agreement
This Solution One Maritime (SOM) web site and all of its Web
Sites and information (the “Web Site”) are provided
to you under these "Terms of Use" and any amendments
to these Terms of Use that may be posted by Solution One Maritime
from time to time (collectively, the "Agreement").
BY ACCESSING, BROWSING AND/OR USING THIS SITE AND/OR ANY WEB
SITES PROVIDED BY Solution One Maritime, YOU AGREE TO BE BOUND
BY THE AGREEMENT. The Agreement constitutes the entire agreement
between you and Solution One Maritime and supercedes any prior
agreements between you and Solution One Maritime regarding
the use and contents of this Web Site.
Privacy
Solution One Maritime is committed to protecting your privacy.
The information that we obtain through your use of the site,
or through any registration process or otherwise, is subject
to our Privacy Policy.
Modifications to this Agreement
SOM may make changes to this Agreement from time to time in
its sole discretion, and will post any such changes on the
Web Site. Your continued use of the Web Site constitutes your
acceptance of any such changes.
Modification or Suspension
of the Web Site
You agree that SOM may, in its sole discretion, and at any
time, discontinue, suspend or modify its operation of this
Web Site, or any part thereof, temporarily or permanently,
without notice to you, and you agree that SOM shall not be
liable therefore.
User Conduct
You understand and agree that all text, graphics, software,
music, sound, photographs, videos, messages, posts, data,
information, or other materials ("Content") are
the sole responsibility of the person from whom the Content
originated. Thus, you are responsible for all Content that
you disseminate or transmit through or by means of the Web
Site.
You agree that you shall not
use the Web Site in any way to:
(1) post, disseminate or transmit any
Content that is unlawful, harassing, defamatory, abusive,
threatening, obscene, harmful, tortious, libelous, invasive
of another's privacy;
(2) post, disseminate or transmit any
Content which infringes or violates any party's copyright,
trademark, trade secret, patent or other proprietary right,
including but not limited to using third party copyrighted
materials without appropriate permission, using third party
trademarks without appropriate permission or attribution,
and using or distributing third party information protected
as a trade secret in violation of a duty of confidentiality;
(3) post, disseminate or transmit any
viruses or other harmful, disruptive or destructive files,
code or programs;
(4) intentionally or unintentionally
violate any local, state, national or international law;
(5) post, disseminate or transmit any
unauthorized advertising, promotional materials, chain letters,
spam, junk mail or any other type of unsolicited mass e-mail
to people or entities that have not agreed to be part of such
mailings;
(6) impersonate any person or entity,
falsely state or otherwise misrepresent your affiliation with
any person or entity, forge headers or otherwise manipulate
identifiers to disguise the origin of any Content transmitted
through the Web Site;
(7) disseminate or transmit any Content
you do not have the right to disseminate or transmit under
law, or contractual or fiduciary relationships;
(8) disrupt the normal flow of dialogue
or otherwise act in a manner that negatively affects other
users' ability to engage in real time exchanges;
(9) interfere with, disrupt, or harm
in any way the Web Site or servers or networks connected to
the Web Site;
(10) stalk or otherwise harass another
(11) collect or store personal data
about other users;
(12) harm minors in any way.
(13) engage in any activities that
would violate the personal privacy rights of others, including
but not limited to, collecting and distributing information
about Internet users without their permission, except as permitted
by applicable law;
(14) intentionally omit, delete, forge
or misrepresent transmission information, including headers,
return mailing and Internet protocol addresses;
(15) engage in any activities intended
to withhold or cloak identity or contact information;
(16) use the Web Site for any illegal
purpose, in violation of any applicable laws or regulations
or in violation of the rules of any other Web Sites providers,
web sites, chat rooms or the like;
(17) intentionally or unintentionally
violate any applicable local, state, national or international
law, including, but not limited to, regulations promulgated
by the U.S. Securities and Exchange Commission, any rules
of any national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American Stock
Exchange or the NASDAQ, and any regulations having the force
of law.
User Content
You acknowledge that SOM does not generally pre-screen Content,
but that SOM and its designees shall have the right (but not
the obligation) in their sole discretion to edit, refuse or
move any Content that is available via the Web Site, including
but not limited to the listings of the Solution One Maritime
Directory. Without limiting the foregoing, Solution One Maritime
Partners and its designees shall have the right to remove
any Content that violates these Terms or Use or is otherwise
objectionable. You agree that you must evaluate, and bear
all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness
of such Content. You acknowledge and agree that SOM may preserve
Content and may also disclose Content if required to do so
by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce these Terms of Use; (c) respond
to claims that any Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of
SOM, its users and the public. You understand that the technical
processing and transmission of the Web Site, including your
Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements
of connecting networks or devices.
By posting Content to the Web Site,
or by transmitting Content using the Web Site, (1) you represent
and warrant to SOM that you have all necessary permission
to post or transmit the information; and (2) you grant to
SOM a worldwide, non-exclusive, perpetual, royalty-free license
to fully sublicensable right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works
from, distribute, perform and display such Content (in whole
or part) worldwide and /or to incorporate it in other works
in any form, media, or technology now known or later developed.
International Use
You agree to comply with all applicable local laws regarding
online conduct and acceptable Content, including without limitation,
laws regarding the transmission of technical data exported
from the United States or the country in which you reside.
Proprietary Rights
You agree that content available through the Web Site, including
without limitation, content in the form of text, graphics,
software, music, sound, photographs, and videos, and content
provided by suppliers, sponsors or third party advertisers,
is protected by copyrights, trademarks, Web Site marks, patents
or other proprietary rights and laws. Except as expressly
authorized by SOM or the applicable supplier, sponsor or advertiser,
you agree not to copy, modify, rent, lease, loan, sell, assign,
distribute, license, reverse engineer or create derivative
works based on the Web Site or any content (including without
limitation any software) available through the Web Site.
Links
The Web Site, or third parties on the Web Site, may provide
links to other sites and/or resources over which Solution
One Maritime has no control. You agree that SOM has no responsibility
for and no liability for the availability of such external
sites or resources, or for the Content, advertising, products
or other materials available through such sites or resources.
Indemnification
You agree to indemnify and hold harmless SOM, its subsidiaries,
affiliates, officers, directors, agents, employees, co-branders
or other partners, and suppliers, from any claim, demand,
action, or damage, including reasonable attorneys' fees, made
by any third party due to, arising out of or related to your
use of the Web Site, Content you submit, post or transmit
through the Web Site, your violation of the Agreement or any
rights of another, or your connection to the Web Site.
Trademark Notices
Solution One Maritime Partners, the Solution One Maritime
logo, are service marks, trademarks and trade names of Solution
One Maritime. You may not use or display these marks without
Solution One Maritime's prior written consent. All other trademarks
appearing on the Web Site are the property of their respective
owners.
Copyright
Solution One Maritime respects the intellectual property of
others, and we ask our users to do the same. If you believe
that your work has been copied in a way that constitutes copyright
infringement, please provide Solution One Maritime the following
information:
1.an electronic or physical signature
of the person authorized to act on behalf of the owner of
the copyright interest;
2.a description of the copyrighted
work that you claim has been infringed;
3.a description of where the material
that you claim is infringing is located on the Web Site;
4.your address, telephone number, and
email address;
5.a statement by you that you have
a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law;
6.a statement by you, made under penalty
of perjury, that the above information in your notice is accurate
and that you are the copyright owner or authorized to act
on the copyright owner's behalf.
This information should be sent to support@solutiononemaritime.com.
Applicable Law
This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida, without giving effect
to conflict of laws provisions.
Miscellaneous
If any provision of this Agreement is found by a court or
other binding authority to be invalid, you agree that every
attempt shall be made to give effect to the parties' intentions
as reflected in that provision, and the remaining provisions
contained in this Agreement shall continue in full force and
effect.
You agree that any claim or cause of
action arising out of your use of the Web Site or this Agreement
must be filed within one year after such claim or cause of
action arose or it shall forever be barred, notwithstanding
any statute of limitations or other law to the contrary.
Any failure by Solution One Maritime
to enforce or exercise any provision of this Agreement or
related right shall not constitute a waiver of that right
or provision.
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