The website is a free computer online service, provided by Roswell Tankers Corp. (hereinafter referred to as the “Company”) and is subject to the following Terms & Conditions (hereinafter the “Agreement”), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as the “Website”) and any services provided by or on this Website (“Services”).
Please read these Terms carefully as they contain important information regarding your legal rights, remedies and obligations with respect to your use of the Website, including but not limited to various limitations, exclusions, and indemnities.
DEFINITIONS
The parties referred to this Agreement shall be defined as follows:
ASSENT & ACCEPTANCE
By using the Website, you acknowledge that you have read and understood the Agreement and that you agree to be bound by all its provisions and the you also automatically agree to have irrevocably waived any complaint, claim or demand whatsoever against Company with respect to any liability arising from or connected in any way with the use of this website.
LICENSE TO USE WEBSITE
The Company may provide you with certain information as a result of your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in your use of the Website or Services (“Company Materials”). Subject to this Agreement, the Company grants you a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with your use of the Website and Services. The Company Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the Website or Services or at the termination of this Agreement.
INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”). You agree that the Company owns all rights, title and interest in and to the Company IP and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed under the copyright laws of Greece or other jurisdictions and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works, or in any other way exploit Company IP in whole or in part. You agree not to upload, post, reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
ACCEPTANCE USE
You agree to use the Website only for your personal information. You agree not to use the Website or Services for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company.
You further agree not to use the Website of Services:
PRIVACY INFORMATION
You acknowledge having carefully read the Privacy Policy before deciding to become a user as it is hereby incorporated by reference, and governs Roswell Tankers treatment of any information, including personally identifiable information submitted.
REVERSE ENGINEERING & SECURITY
You agree not to violate any security of the Website or Services through any unauthorized access, circumvention of encryption or other security tool, data mining or interference to any host, user or network.
INDEMNIFICATION
You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Website or Services, your breach of the Agreement, or your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, of the Company wishes.
SPAM POLICY
You are strictly prohibited from using the Website or any of the Company’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
MODIFICATION & VARIATION
The Company may, at its sole discretion and at any time without notice or liability, modify or amend this Agreement or impose new Terms of Use. You agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement. Any use of the Website by you after such amendment shall be deemed to constitute acceptance by you of such amendments, modifications or new terms of use.
SERVICE INTERRUPTIONS
The Company may need to interrupt your access to the Website to perform maintenance or emergency services in a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
TERM, TERMINATION AND SUSPENSION
The Company may terminate this Agreement with you at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain n full force and effect.
NO WARRANTIES
You agree that your use of the Website and Services is at your sole and exclusive risk, the Company does not accept responsibility for the security of your content and that any Services provided by us are on an “as is” basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on our Website is not intended to be legal advice or financial advice, and no fiduciary relationship has been created between you and the Company. The Company does not assume responsibility or liability for any advice or other information given on the Website.
The Company may occasionally post links to third party websites or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from our website.
You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website or Services is your sole responsibility and that the Company is not liable for any such damage or loss.
LIMITATION ON LIABILITY
The Company is not liable for any damages that may occur to you as a result of your use of the Website or Services, to the fullest extent permitted by law. This section applies to any all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
By using the website, you are deemed to have automatically agreed with all the foregoing and have also automatically agreed to have irrevocably waived any complaint, claim or demand whatsoever against the Company with respect to any liability arising from or connected in any way with the use of this website.
LAW AND JURISDICTION
These Agreement shall be construed and controlled by the laws of the Hellenic Republic. Any dispute arising herein shall be subject to the exclusive jurisdiction of the Courts of Piraeus. The User agrees to the exclusive jurisdiction of the Courts of Piraeus.