Last Update: May 23, 2018
American Bureau of Shipping has operations in several countries and is headquartered at?1701 City Plaza Drive, Spring, Texas 77389.?If you have any questions, complaints or comments regarding this Web site, you may contact us at email@example.com. When we say "we" or "us" or "ABS" in these Terms, we mean American Bureau of Shipping, our affiliates, and those agents we use to provide services on our behalf.
RELATIONSHIPS OF THIS AGREEMENT TO OTHER AGREEMENTS OR RELATIONSHIPS BETWEEN ABS AND YOU
Nothing in these Terms shall alter the terms of any other agreement or other legal relationship between ABS and you.
You may use the ABS Web site and its content solely for your personal, informational, communication and educational use. ?You may not use the Web site for any purpose other than your relationship or potential relationship with ABS. You also may not use any robots, spiders, or other automatic devices to monitor, copy frame or mirror content on the ABS Web site or otherwise attempt to interfere with the intended and efficient functioning of our Web site. With the exception of any rights expressly granted to you by these Terms, all rights are reserved. You may not modify, tamper with or otherwise alter any information contained on our Web site without the written permission of ABS. You agree that you will not use the ABS Web site in any way that may lead to the encouragement, procurement or carrying out of any criminal activity.
You or any other party authorized by you to submit information requesting ABS’s review or approval of plans or information represents and warrants that (a) you own all rights, title and interest in and to any submitted material and all intellectual property rights corresponding thereto or that (b) you have the authority to disclose the submitted material and all intellectual property rights corresponding thereto on behalf of the owner(s) of the submitted material. You will, at your expense, defend, indemnify, and hold harmless ABS against any action brought against ABS based on a claim that the submitted material, used by ABS according to your foregoing representation infringes, violates, or misappropriates the intellectual property right(s) of a third party
You will, at your sole expense, defend, indemnify, and hold harmless ABS against any action brought against ABS to the extent that it is based on a claim that the submitted material, used by ABS within the scope of the services covered by this Agreement, by itself infringes, violates, or misappropriates a valid third-party copyright or other intellectual property right under any applicable laws in any country of the world. In such case, you shall pay all costs and damages awarded against ABS as a result of such claim.
Should the submitted material become the subject of such claims, you shall procure for ABS the right to continue using the submitted material or replace or modify it to make it non-infringing. If none of the foregoing alternatives is reasonably available to ABS in its sole opinion, may terminate this Agreement upon thirty (30) days’ written notice to you.
RULES AND GUIDES DOWNLOADS
Current ABS approved printed versions of all ABS Rules and Guides are available from ABS. Current ABS approved electronic versions of all Rules and Guides are most effectively accessed by establishing a hyperlink of your local Intranet directly to the ABS Rules and Guides on the ABS Web site.
The ABS Rules and Guides are proprietary to ABS and are the subject to intellectual property protection; all rights not expressly granted to you are reserved by ABS. Except for the permission granted below, nothing contained herein shall be construed as conferring upon you in any manner any license, title or ownership of or in any intellectual property right of ABS.
ABS hereby grants you the limited permission to download, copy and use, including posting to your Intranet site, the ABS Rules and Guides posted on this Web site in electronic format. You hereby agree that any copy of the materials, in part or in whole, that you make shall retain all copyright and other proprietary notices of ABS contained therein and that the information will not be altered in any manner. You are not allowed to upload or post the ABS Rules and Guides onto third party websites or file sharing platforms.?
ABS makes every reasonable effort to ensure that the information provided in the posted electronic files represents complete, current and accurate information. However, ABS makes no representation as to the completeness, currency or accuracy of such information.
HYPERLINKS TO THE ABS WEB SITE
ABS encourages the use of hyperlinks to its Web site, subject to your agreement to all of the Terms herein.
You agree to indemnify and hold ABS, and its officers, employees, representatives, contractors and agents ("Indemnified Parties") harmless from any liability, loss, claim and expense, including attorneys' fees and expenses, related to your violation of these Terms or your use of our Web site.
DISCLAIMER AND LIMITATION OF LIABILITY
While ABS uses reasonable efforts to include accurate and up-to-date information on this Web site, ABS makes no warranties or representations as to its accuracy, currency or completeness. ABS assumes no liability or responsibility for any errors or omissions in the content on this Web site.?TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVERYTHING ON THE WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ABS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THE WEB SITE OR THE USE OR RELIANCE UPON ANY OF THE CONTENT OR ANY INFORMATION ACCESSED FROM THE WEB SITE. THERE IS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THIRD PARTY CONTENT.
This Web site may contain other proprietary notices and copyright information of third parties, the terms of which must be observed and followed. Third party content is the property of its respective provider or its licensor and is protected by applicable copyright law as set forth below. You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the third party content in any manner without the express written consent of the third party content provider.?
Information on this Web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. ABS may also make improvements and changes in the products and the programs described in this information at any time without notice.
These commodities, technology or software may only be exported from the United States in accordance with the Export Administration Regulations (15 C.F.R. §§ 730-774). Diversion contrary to U.S. law is prohibited.
ABS, MY EAGLE, ABS ACADEMY, ABS RECORD, ABS EAGLE, the eagle and anchor design, and SURVEYOR are registered trademarks of the American Bureau of Shipping. ABS NAUTICAL SYSTEMS AND ABS CYBERSAFETY are also trademarks and service marks of the American Bureau of Shipping. The use of these trademarks, whether or not registered, without the express written consent of ABS is strictly prohibited. ABS reserves the right to prohibit the use of logos which are unacceptable to ABS in close proximity or association with the ABS logo.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any content on this site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing ABS with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
ABS’s designated Copyright Agent to receive notifications of claimed infringement is Office of the General Counsel, 1701 City Plaza Drive, Spring, Texas, USA 77389, email:?firstname.lastname@example.org.?You acknowledge that if you fail to comply with all of the requirements of this Section entitled “Digital Millennium Copyright Act,” your DMCA notice may not be valid.
By accessing this Web site and the information contained therein, you agree with ABS that any claim you may have against ABS in contract, tort or otherwise in respect of any information or advice expressly or impliedly given on this Web site, or in respect of any inaccuracy herein or omission herefrom, shall be governed by the law of the State of New York, U.S.A., without regard to its conflicts of laws rules that would call for the application of the law of any other jurisdiction.
In the event that any provision contained in these Terms will be held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, the validity, legality and enforceability of such provision in every other respect and the validity, legality and enforceability of the remaining provisions contained in these Terms will not be in any way impaired thereby.
REVISION TO TERMS AND WEBSITE
ABS reserves the right to change or update the information posted on the ABS Web site, and the products and services described on the ABS Web site, at any time without notice.?