IMPORTANT: Before downloading, accessing, or using any part of a Web site owned or operated by Moran Towing Corporation or one of its affiliates or subsidiaries (together, “Moran”), you (identified herein as “you” or a “User”) should read the following terms and conditions contained in this Terms of Use Agreement (“TOU” or “Agreement”) carefully, as they govern your access to and use of a Web site owned or operated by Moran and any programs, services, products, materials, or information available thereon or used in connection herewith (collectively, for the purposes of this TOU, the “Site”).
TERMS AND CONDITIONS
USER OBLIGATIONS. By downloading, accessing, or using the Site in order to view our information and materials or submit information of any kind, you represent that you are at least eighteen (18) years of age (or the age of majority in your state or country of residence). You agree to abide by all applicable local, state, national, and international laws and regulations, including U.S. export and re-export control and economic sanction laws and regulations, with respect to your use of the Site. You also acknowledge and agree that use of the Internet and access to the Site is solely at your own risk. You are responsible for maintaining the confidentiality of any account number, account name, user id and/or password, if applicable, for the Services you utilize through the Site. You should also understand that the confidentiality of any communication or material transmitted to/from a Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Moran is not responsible for the security of any information transmitted to or from the Site. Moran reserves the right to prohibit or terminate use of or access to the Site at any time, without notice, for any reason whatsoever.
USER RIGHTS. You always have a right to object to this processing of your personal information and may contact Moran at Sales@morantug.com to notify the company. Please note, if you object to the processing of your information, it may affect our ability to carry out tasks for your benefit.
LICENSE GRANT. This TOU provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Site conditioned on your continued compliance with the terms and conditions of this TOU. You may print and download materials and information from the Site solely for your personal use or, if applicable, the business use of your employer that has or is contemplating a business relationship with Moran, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. “Personal use” does not include the right to re-transmit Site materials by any means to third parties.
RESTRICTIONS. Notwithstanding the foregoing, you may not (i) modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices, trademarks, service marks or labels or (ii) license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use any article or other content on the Site in any manner not expressly permitted herein. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of the Site, including, without limitation, the account of another User(s), any other systems or networks connected to the Site, to any Moran server or to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other User of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or the Company’s systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person’s use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Moran on or through the Site, or (viii) use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Moran. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION, OR MATERIALS PROVIDED BY MORAN TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
PROPRIETARY RIGHTS. This TOU provides only a limited license to access and use the Site. Accordingly, you expressly acknowledge and agree that Moran transfers no ownership or intellectual property interest to or title in the Site to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, and licensed by Moran and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Moran does not grant any express or implied license or right to you or to any other person under any intellectual or proprietary rights laws, regulations and statutes. Accordingly, your unauthorized use of the Site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. The Site is “Copyright © 2020 Moran Towing Corporation, its affiliates and subsidiaries. All rights reserved.” Moran also owns a copyright in the contents of the Site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Site. Any downloadable or printable programs, directories, databases, information, or materials available through the Site and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by Moran. All names, logos, and icons identifying Moran and its programs, products, and services are proprietary trademarks of Moran, and any use of such marks, including, without limitation, as domain names, without the express written permission of Moran is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
ON-LINE-PURCHASES; SPECIFIC PROGRAMS; OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to the purchase of products, receipt of services, User registration with the Site, and/or to other specific portions or features that are or may in the future become part of the Site, all of which are made a part of this TOU by this reference. You agree to abide by all such other notices, terms, and conditions. If there is a conflict between this TOU and the terms posted for or applicable to a specific portion of the Site, including any restricted areas offering on-line access to Moran’s programs, tools, or services, the latter terms shall control with respect to your use of that portion of the Site. Moran’s obligations, if any, with respect to its services, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on the Site should be construed to alter such terms, conditions, notices, and agreements. Moran specifically disclaims and makes no warranties or representations whatsoever regarding any other web site that you may access through the Site.
The Site does not utilize translation tools. Users may employ such translation tools as they may select or as are built into their browsers. Such use, and the accuracy of any resulting translation, is subject to the limitations of User’s selected or utilized translation tools and is at the sole risk of the User. Accordingly, Moran shall have no responsibility or liability for any act or failure to act, or for any damages incurred by User arising in whole or in part from User’s reliance on any translation of Site content.
PRIVACY POLICY. Please review our online Privacy Policy at www.Morantug.com, incorporated herein by reference, for information about our collection and use practices with respect to information Moran collects about you when you use the Site.
DISCLAIMER. WHILE MORAN ENDEAVORS TO PROVIDE ACCURATE, UP-TO-DATE, AND RELIABLE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE, THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OUTDATED INFORMATION OR OTHER INACCURACIES. MOREOVER, MORAN MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE SITE OR IN THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON THE SITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE ON THE SITE. MORAN MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE ON THE SITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. MORAN ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION.
LIMITATION OF LIABILITY. You expressly absolve and release Moran and its affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from any claim of harm resulting from any inaccurate information or any cause beyond Moran’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL MORAN BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE SITE, OR OTHERWISE ARISING OUT OF UTILIZATION OF THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF MORAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ABOVE LIMITATIONS MAY NOT APPLY IN THOSE STATES/JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF MORAN FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO MORAN IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
INDEMNITY. You agree to defend, indemnify, and hold harmless Moran and its affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of this TOU.
GOVERNING LAW. This TOU constitutes the entire agreement between Moran and you relating to the Site and replaces any prior understandings or agreements (whether oral or written) regarding the Site. The laws of the state of New York without regard to its conflict of law principles, will govern this TOU. Any dispute between you and Moran shall be submitted exclusive jurisdiction of the United States District Court for the Southern District of New York or, if said court does not have jurisdiction thereof, to the applicable State court sitting in New York County, NY.
UPDATES. Moran may at any time revise this TOU by updating this posting. By using this web site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.