Terms Of Service

TERMS OF SERVICE

These Terms of Service (including any additional terms and conditions posted by PMT through the Site, or otherwise made available to you by PMT, the “Terms”) apply to the website(s) (the “Site”) provided by Parker Maritime Technologies, LLC (“PMT,” “we,” or “us”).

Please read these Terms carefully.

By registering to use the Site or accessing the Site, you agree and acknowledge that you have read all of the terms and conditions of these Terms (including the arbitration provision set forth in Section 15.  below), you understand all of the terms and conditions of these Terms, you are of legal age to agree to these Terms and you agree to be legally bound by all of the terms and conditions of these Terms.

If you are an individual accessing or using the Site on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (an “Organization”), then you are agreeing to the terms and conditions set forth in these Terms on behalf of yourself and such Organization. References to “you” and “your” in these Terms will refer to both the individuals using the Site and to any such Organization. 

PMT reserves the right to change or modify any of the terms and conditions contained in these Terms (or any policy or guideline of PMT) at any time and in its sole discretion. If PMT makes any changes to these Terms, PMT will provide notice of such changes by revising the “Last Updated” date above and, in some cases, PMT may provide additional notice (such as by sending an email or other notification or by posting a notice on the Site). Any changes or modifications will be effective 7 days after PMT provides notice that these Terms have been modified (the “Notice Period”). Your continued use of the Site following the Notice Period will constitute your acceptance of such changes or modifications. You are advised to review these Terms whenever you access the Site and at least every 30 days to make sure that you understand the terms and conditions that apply to your use of the Site.

1. Information You Submit; Privacy. For information about how we collect, use and share information about users of the Site, please see our Privacy Policy (currently available at [URL]). (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Site is and will remain accurate and complete, and that you will maintain and update such information as needed.

2. Location and Your Use. PMT operates the Site from the United States. PMT makes no representation or warranty that all of the features of the Site will be available to you if you reside outside of the United States. By accessing and using the Site, you assent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.

3. Your Limited Rights. Subject to the terms and conditions of these Terms, PMT grants to you a non-exclusive, non-transferable, non-sublicenseable, revocable, and limited license to access and use the Site, provided that some portions of the Site may be subject to additional terms and conditions that you must agree to prior to accessing and using such portions of the Site.

You acknowledge and agree that PMT may monitor, collect, use, and store anonymous and aggregate statistics regarding use of the Site, and/or any individuals/entities that interact with the Site.

4. Rules of Conduct. In connection with the Site, you must not:

•     Post, transmit or otherwise make available through or in connection with the Site any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
•     Post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
•     Use the Site for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
•     Harvest or collect information about users of the Site.
•     Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks.
•     Restrict or inhibit any other person from using the Site.
•     Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein, without PMT’s express prior written consent.
•     Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.
•     Remove any copyright, trademark or other proprietary rights notice from the Site.
•     Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without PMT’s express prior written consent.
•     Systematically download and store Site content.
•     Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without PMT’s express prior written consent.

You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Site.

5. Registration & Restrictions. In order to use portions of the Site, you may be required to register for an account. When registering for an account, you agree (a) to provide accurate, current, and complete information (“Registration Data”), and (b) to maintain and promptly update the Registration Data (and any other information you provide to PMT) in order to keep it accurate, current, and complete.

You are responsible for safeguarding the passwords you use to access the Site via your account, and you agree to be fully responsible for activities and transactions that relate to your account and password. You must notify PMT immediately if you suspect or learn of an unauthorized use of your account or password, and you may be held liable for losses incurred by PMT due to someone else using your account or password. PMT cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Except as expressly authorized by these Terms, you may not (a) modify, disclose, alter, translate, or create derivative works of the Site (or any components thereof), (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign, or otherwise dispose of the Site (or any components thereof), (c) use the Site to store or transmit any viruses, software routines, or other code designed to permit unauthorized access, to disable, erase, or otherwise harm software, hardware, or data, or to perform any other harmful actions, (d) copy, frame, or mirror any part or content of the Site, (e) build a competitive product or service, or copy any features or functions of the Site or any of PMT’s other products or services, (f) interfere with or disrupt the integrity or performance of the Site, (g) attempt to gain unauthorized access to the Site or its related systems or networks, (h) disclose to any third party any performance information or analysis relating to the Site, (i) remove, alter, or obscure any proprietary notices in or on the Site, including copyright notices, (j) reverse engineer, decompile, disassemble, decrypt, re-engineer, reverse assemble, reverse compile or otherwise translate, create, or attempt to create the source code of the Site or their structural framework (in whole or in part), or perform any process intended to determine the source code for the Site, (k) circumvent or attempt to circumvent any technological protection measures intended to restrict access to or use of any portion of the Site or the functionality of the Site, (l) take any action that imposes an unreasonable or disproportionately large load on the Site, (m) use the Site for any purpose that is illegal in any way or that advocates illegal activity, or (n) cause or permit any individual or entity to do any of the foregoing.

6. Comments and Other Submissions. Site visitors may make available certain materials (each, a “Submission”) through or in connection with the Site, including on profile pages or on the Site’s interactive services, such as commenting and other functionality. PMT has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. If you choose to make any of your personally identifiable or other information publicly available through the Site, you do so at your own risk.

7. Submission License. You retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).

In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place PMT under any fiduciary or other obligation.

You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the Site, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.

8. Submission Monitoring. We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Site, or analyze your access to or use of the Site. We may disclose information regarding your access to and use of the Site, and the circumstances surrounding such access and use, to anyone for any reason or purpose.

9. PMT’s Proprietary Rights. PMT’s name, trademarks, logos, and all other PMT product names, service names, or slogans included in or related to the Site (collectively, the “PMT Marks”) are property of PMT and may not be copied, imitated, or used (in whole or in part) without PMT’s express prior written consent in each instance. The look and feel of the Site, including, but not limited to, all custom graphics, button icons, and scripts constitute service marks, trademarks, or trade dress of PMT, may not be copied, imitated, or used (in whole or in part) without PMT’s express prior written consent. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Site (“Third-Party Trademarks”) are the property of their respective owners, and the use of such Third-Party Trademarks inures to the benefit of each owner. The use of any Third-Party Trademarks included in or related to the Site does not constitute an affiliation by PMT and its licensors with such company or an endorsement or approval by such company of PMT or its licensors or their respective products or services.

The Site is the proprietary property of PMT and its licensors and all source code, databases, functionality and software on the Site (collectively, the “PMT Materials”) are owned or controlled by us or licensed to us, and are protected by copyright and various other intellectual property rights and other laws of the United States, international copyright laws, and international conventions. Except as expressly provided in these Terms, no part of the PMT Materials may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

10. Third-Party Advertising. PMT may run advertisements and promotions from third parties through or in connection with the Site or may provide information about or links to third-party products or services. Your dealings or correspondence with, or participation in promotions of, any such third parties, and any terms, conditions, warranties, or representations associated with such dealings, correspondence, or promotions, are solely between you and the applicable third party. PMT is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, correspondence, or promotions or as the result of the presence of such advertisers or third-party information made available through the Site.

11. Disclaimer of Warranties. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. PMT DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) ARISING FROM OR RELATED TO THESE TERMS, THE SITE, THIRD-PARTY SERVERS AND NETWORKS HOSTING AND PROVIDING THE SITE (“THIRD-PARTY INFRASTRUCTURE”) AND THIRD-PARTY TRADEMARKS, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, NON-INFRINGEMENT, AND CONDITION OF TITLE.

While we try to maintain the timeliness, integrity and security of the Site, we do not guarantee that the Site is or will remain updated, complete, correct or secure, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any such alteration, contact us at info@parkermaritimetechnologies.com with a description of such alteration and its location on the Site.

12. Limitation of Liability. IN NO EVENT WILL PMT BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THESE TERMS, THE SITE, THE THIRD-PARTY INFRASTRUCTURE AND THIRD-PARTY TRADEMARKS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

PMT’S ENTIRE LIABILITY TO YOU AND ANY OTHER INDIVIDUAL OR ENTITY, ARISING FROM OR RELATED TO THESE TERMS, THE SITE, THE THIRD-PARTY INFRASTRUCTURE AND THIRD-PARTY TRADEMARKS, WILL NOT EXCEED THE GREATER OF THE FEES ACTUALLY PAID BY YOU TO PMT AND ONE HUNDRED U.S. DOLLARS. FURTHER, NOTWITHSTANDING ANY TERMS TO THE CONTRARY IN THESE TERMS, PMT WILL NOT BE LIABLE FOR ANY DISCLOSURE OF, UNAUTHORIZED USE OF AND/OR UNAUTHORIZED ACCESS TO ANY DATA OR OTHER INFORMATION.

MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THIS SECTION 12. WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

13. Indemnity. You agree to defend, indemnify and hold PMT (and its directors, officers, employees, consultants and agents), and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Site (including all Submissions); and (b) any violation or alleged violation of these Terms by you.

14. Termination. These Terms are effective until terminated. PMT may terminate or suspend your use of the Site at any time and without prior notice, for any or no reason, including if PMT believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination or suspension, your right to use the Site will immediately cease, and PMT may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 3.  4. 5. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18.  shall survive any expiration or termination of these Terms.
15. Governing Law; Arbitration. PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH PMT AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM PMT.

These Terms are and will be governed by and construed under the laws of the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT PMT AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERM WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by JAMS under its Comprehensive Arbitration Rules and Procedures (“Comprehensive Rules”). 

The Comprehensive Rules are available online at [PROVIDE HYPERLINK TO www.jamsadr.com/rules-comprehensive-arbitration/]. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination will be made by JAMS or by the arbitrator. The arbitrator’s decision will follow the terms and conditions of these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.  An arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. Notwithstanding any of terms to the contrary in these Terms, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.  You can opt out of this agreement to arbitrate by contacting Parker Maritime Technologies, LLC, by email at info@parkermaritimetechnologies.com within the 30-day period commencing upon the Effective Date, stating that you (include your first and last name) decline this agreement to arbitrate.

16. Information or Complaints. If you have a question or complaint regarding the Site, please send an e-mail to info@parkermaritimetechnologies.com. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

17. Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to PMT a written notice by mail or e-mail, requesting that PMT remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to MT a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing. We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice. Please email info@parkermaritimetechnologies.com.

18. Miscellaneous. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and PMT. If any provision of these Terms are found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by either party of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms shall be construed as if followed by the phrase “without limitation.” These Terms, including any terms and conditions incorporated herein, is the entire agreement between you and PMT relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and PMT relating to such subject matter. Notices to you (including notices of changes to these Terms) may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. PMT will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.

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