Legal Terms And Conditions

OceanSchedules.com Legal Terms and Conditions

Updated December 16, 2006

TABLE OF CONTENTS

Background
Use of the OceanSchedules.com Web Site
Change of Information and Services
Intellectual Property
Errors
Copyright
Advertisements; Hyperlinked Web Sites
Received Information and Comments
Disclaimer of Warranties
Limitation of Liability
Indemnification
Network Integrity
Access to the OceanSchedules.com Web Site
Termination
Law and Venue
Language
General Provisions

1. Background
INTTRA, Inc. dba OceanSchedules.com (OceanSchedules.com) offers You access to data, information, and other things through the web site currently located at http://www.oceanschedules.com (the OceanSchedules.com Web Site). (You, Your, Yourself, User, or Customer shall be synonymous for purposes of this agreement and shall mean the party making use of the OceanSchedules.com Web Site.) Customers access to, and use of the OceanSchedules.com Web Site is subject to these OceanSchedules.com Legal Terms and Conditions. INTTRA, Inc. dba OceanSchedules.com and Customer are hereinafter also referred to collectively as the Parties or individually as a Party.

2. Use of the OceanSchedules.com Web Site
By registering, accessing, browsing, viewing, downloading, generating, receiving or transmitting any data, information or messages to or from the OceanSchedules.com Web Site, You hereby accept for Yourself and on Your company's behalf, without limitation or qualification, these OceanSchedules.com Legal Terms and Conditions as well as the OceanSchedules.com Privacy and Security Policy (collectively the "Agreement") as currently constituted and as may be updated from time to time in accordance with its terms. After OceanSchedules.com posts changes to the Agreement to the OceanSchedules.com Web Site, Your continued use of the OceanSchedules.com Web Site shall constitute Your agreement to such changes. Therefore, You agree to regularly revisit and review the OceanSchedules.com Legal Terms and Conditions and OceanSchedules.com Privacy and Security Policy. We may also require that You accept other terms and conditions that govern the use of particular services that may be provided by or through the OceanSchedules.com Web Site (Services) at the time You register for or use that Service. This Agreement incorporates by reference the Terms and Conditions of any Service for which You register or use. Any capitalized terms used herein but not defined herein shall have the meanings given such terms in any Terms and Conditions of any Service for which You may register or use.

You may not be able to access some functionality or portions of the OceanSchedules.com Web Site unless you register with OceanSchedules.com, and You are not authorized to do so without registering.

The data presented on the OceanSchedules.com Web Site is not comprehensive, including with respect to ocean carriers (Carriers), vessels, routes, or otherwise. For example, Carriers and vessels may be available for a given route even though they are not listed for that route on the OceanSchedules.com Web Site.

3. Change of Information and Services
In its sole discretion, OceanSchedules.com shall control the appearance, development and operation of the OceanSchedules.com Web Site. Information on the OceanSchedules.com Web Site may be changed and updated without prior notice. OceanSchedules.com may also make improvements and/or changes in the Services or OceanSchedules.com Web Site, and/or cease to provide any of the foregoing, at any time without prior notice.

4. Intellectual Property
OceanSchedules.com reserves any and all title, right and interests it may have in its trademarks, copyrights and other intellectual property rights. As between Customer and OceanSchedules.com, OceanSchedules.com shall own all intellectual property rights in the OceanSchedules.com Web Site, including all rights in and to trade secrets, patents, copyrights, trademarks, and know-how, as well as moral rights and similar rights of any type under the laws of any governmental authority, domestic or foreign.

OceanSchedules.com shall own any data that it creates as a result of or derived from operating the OceanSchedules.com Web Site, and further, Customer shall not object to any use by OceanSchedules.com of any such data, except as otherwise provided in this Agreement. OceanSchedules.com grants Customer a non-exclusive, non-transferable, non-assignable, non-sublicensable, terminable license under OceanSchedules.coms copyrights in any information and data provided to Customer (including data from third parties), directly or indirectly, by or through the OceanSchedules.com Web Site (OceanSchedules.com Web Site Data), to use that OceanSchedules.com Web Site Data solely for Customers internal systems processing. Except as expressly licensed in the previous sentence, Customer shall not at any time display, perform, distribute, or use any OceanSchedules.com Web Site Data in any form at any time without the express written consent of OceanSchedules.com.

5. Errors
While OceanSchedules.com has used reasonable efforts to ensure that OceanSchedules.com Web Site Data is accurate and up to date, OceanSchedules.com is not responsible or liable for any errors, inaccuracies or omissions from the results obtained from the use of any such OceanSchedules.com Web Site Data. ALL OCEANSCHEDULES.COM WEB SITE DATA IS PROVIDED "AS IS" WITH NO GUARANTEES OF COMPLETENESS, ACCURACY, OR TIMELINESS OF RESULTS OBTAINED FROM THE USE OF THAT OCEANSCHEDULES.COM WEB SITE DATA.

6. Copyright
Unless otherwise noted, everything Customer sees or reads on the OceanSchedules.com Web Site, including, but not limited to, textual, graphical and all other content created by or for OceanSchedules.com, is (as between Customer and OceanSchedules.com) the property of OceanSchedules.com, and is protected by copyright and may not be reproduced, distributed, publicly performed or displayed, transmitted, or used, except as provided in these OceanSchedules.com Legal Terms and Conditions, without written permission of OceanSchedules.com. Re-publication or citation of any content generated by the OceanSchedules.com Web Site without OceanSchedules.com's written consent is expressly prohibited, except as otherwise set forth herein. The OceanSchedules.com Web Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. OceanSchedules.com is a trademark of OceanSchedules.com.

Claims of Copyright Infringement
OceanSchedules.com respects the intellectual property rights of others, and We ask that everyone using the OceanSchedules.com Web Site do the same. Anyone who believes that his or her work has been reproduced on the OceanSchedules.com Web Site in a way that constitutes copyright infringement may notify OceanSchedules.com's Legal Department by providing the following information:

· Identification of the copyrighted work that You claim has been infringed;
· Identification of the material that You claim is infringing, including a description of where it is located on the OceanSchedules.com Web Site so that We can locate it;
· Your address, telephone number and, if available, e-mail address, so that We can contact You about Your complaint; and
· A signed statement that the above information is accurate; that You have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that You are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.

Notices of copyright infringement claims should be sent to OceanSchedules.com as follows:

By mail:
OceanSchedules.com
Attn: Legal Department
1 Upper Pond Rd.,
Morris Corporate Center II, Building D
Parsippany, NJ 07054
USA

By phone: +1 (973) 263 5100
By fax: +1 (973) 263 5969
By e-mail: copyright@OceanSchedules.com

If You give notice of copyright infringement by e-mail or phone, OceanSchedules.com's Legal Department will begin investigating the alleged copyright infringement; however, We must receive Your signature by mail or fax before We are required to take any action. More information about U.S. copyright law can be found at the United States Copyright Office.

7. Advertisements; Hyperlinked Web Sites
OceanSchedules.com makes no warranties or representations whatsoever regarding any advertisements displayed on the OceanSchedules.com Web Site (Ads) or other Web sites Customer may access through the OceanSchedules.com Web Site. When obtaining a product or service through an Ad or accessing a non-OceanSchedules.com Web Site, Customer understands that the entity providing that product/service or Web site (Third Party Service Provider) is independent from OceanSchedules.com and that OceanSchedules.com has no control over those products or services or the content of that Web site. In addition, display of an Ad or a link to a non-OceanSchedules.com Web Site does not mean that OceanSchedules.com endorses or accepts any responsibility for the product or service promoted in that Ad or the content or the use of such Web site. It is up to Customer to take precautions to ensure that whatever is selected for Customers use is in all ways suitable and free of viruses and other items of destructive nature.

8. Received Information and Comments
Information or data provided to OceanSchedules.com by Customer may be used and/or transmitted to third parties in furtherance of OceanSchedules.com's business purposes so long as such transmissions are in accordance with the OceanSchedules.com Privacy and Security Policy. OceanSchedules.com assumes no responsibility and shall not be liable for any loss of, erroneous or unjustified transfer to any third party of, or any third party's unjustified access to or alteration of confidential data or information provided to OceanSchedules.com by Customer. You agree that OceanSchedules.com may use and/or transmit to third parties without limitation any comments sent to OceanSchedules.com regarding or through the OceanSchedules.com Web Site. Received comments will not be treated as confidential.

9. Disclaimer of Warranties
(a) OCEANSCHEDULES.COM DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, OR REPRESENTATIONS TO YOU OR ANY OTHER PARTY WITH RESPECT TO ANY DOCUMENTS, ANY OCEANSCHEDULES.COM WEB SITE DATA OR OTHER DATA OR INFORMATION, ANY SOFTWARE OR ANY OF THE SERVICES PROVIDED BY OR THROUGH YOUR INTERACTION WITH THE OCEANSCHEDULES.COM WEB SITE; AND (b) OCEANSCHEDULES.COM, ON ITS OWN BEHALF AND ON BEHALF OF CARRIERS AND OCEANSCHEDULES.COMS SHAREHOLDERS, EMPLOYEES, RELATED PARTNERSHIPS, AFFILIATES, AGENTS, REPRESENTATIVES, SUPPLIERS, PREDECESSORS, SUCCESSORS, AND ASSIGNS (collectively the OceanSchedules.com Parties), AND THIRD PARTY SERVICE PROVIDERS, SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, WITH REGARD TO THE OCEANSCHEDULES.COM WEB SITE, AND ANY DOCUMENTS, ANY OCEANSCHEDULES.COM WEB SITE DATA OR OTHER DATA OR INFORMATION, ANY SOFTWARE OR ANY OF THE SERVICES PROVIDED BY OR THROUGH YOUR INTERACTION WITH THE OCEANSCHEDULES.COM WEB SITE, INCLUDING, BUT NOT LIMITED TO, (i) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, OR QUIET ENJOYMENT, (ii) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (iii) THAT THE OCEANSCHEDULES.COM WEB SITE AND/OR THE SERVICES WILL BE CONTINUOUS, UNINTERRUPTED AND/OR ERROR-FREE. THERE IS NO WARRANTY OF TITLE OR OF NON-INFRINGEMENT.

CUSTOMER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR THE USE OF THE OCEANSCHEDULES.COM WEB SITE, SERVICES, OCEANSCHEDULES.COM WEB SITE DATA, DOCUMENTS AND ANY OTHER DATA OR INFORMATION OFFERED BY OR THROUGH THE OCEANSCHEDULES.COM WEB SITE. YOU ACKNOWLEDGE THAT THE OCEANSCHEDULES.COM WEB SITE, AND ANY DOCUMENTS, ANY OCEANSCHEDULES.COM WEB SITE DATA OR OTHER DATA OR INFORMATION, ANY SOFTWARE OR ANY OF THE SERVICES PROVIDED BY OR THROUGH YOUR INTERACTION WITH THE OCEANSCHEDULES.COM WEB SITE MAY CONTAIN BUGS, TECHNICAL PROBLEMS OR OTHER LIMITATIONS AND THAT THE OCEANSCHEDULES.COM WEB SITE, ANY SOFTWARE AND/OR SERVICES PROVIDED BY OR THROUGH YOUR INTERACTION WITH THE OCEANSCHEDULES.COM WEB SITE MAY LOSE OR CORRUPT DOCUMENTS AND/OR OCEANSCHEDULES.COM WEB SITE DATA AND OTHER DATA OR INFORMATION FROM TIME TO TIME. OCEANSCHEDULES.COM ASSUMES NO RESPONSIBLIITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, OR USE OF, THE OCEANSCHEDULES.COM WEB SITE, OR YOUR DOWNLOADING OF ANY MATERIAL, OCEANSCHEDULES.COM WEB SITE DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE OCEANSCHEDULES.COM WEB SITE.

10. Limitation of Liability
IN NO EVENT WILL OCEANSCHEDULES.COM BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS OCEANSCHEDULES.COM WEB SITE AGREEMENT OR ANY DOCUMENTS, ANY OCEANSCHEDULES.COM WEB SITE DATA AND OTHER DATA OR INFORMATION, ANY SOFTWARE OR ANY OF THE SERVICES PROVIDED THROUGH YOUR INTERACTION WITH THE OCEANSCHEDULES.COM WEB SITE, AS WELL AS ANY INFORMATION AND DOCUMENTS, ANY DATA OR MESSAGES GENERATED, RECEIVED, TRANSMITTED, DOWNLOADED OR OTHERWISE DISSEMINATED WHICH ARE RELATED TO OR STEM FROM CUSTOMERS USE OF OR REGISTRATION AT THE OCEANSCHEDULES.COM WEB SITE, INCLUDING DAMAGES FOR LOST PROFITS, LOST REVENUES, OR BUSINESS INTERRUPTION. NOTWITHSTANDING ANY OTHER PROVISION CONTAINED IN THIS OCEANSCHEDULES.COM WEB SITE AGREEMENT, THE AGGREGATE CUMULATIVE LIABILITY OF OCEANSCHEDULES.COM AND ALL OTHER OCEANSCHEDULES.COM PARTIES, AS WELL AS THIRD PARTY SERVICE PROVIDERS, IN ANY AND ALL CIRCUMSTANCES, TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS OCEANSCHEDULES.COM WEB SITE AGREEMENT, ITS TERMINATION, OR ANY SERVICES, WILL NOT EXCEED $500.00. FURTHER, CUSTOMER UNDERSTANDS OCEANSCHEDULES.COM IS NOT AN AGENT OF AND ASSUMES NO RESPONSIBILITY FOR THE ACTS OR OMISSIONS OF THIRD PARTY SERVICE PROVIDERS NOR ANY ASPECT OF THE PRODUCTS OR SERVICES RELATED TO THOSE THIRD PARTY SERVICE PROVIDERS.

THIS SECTION 10 APPLIES: (a) EVEN IF OCEANSCHEDULES.COM HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES OTHERWISE PROVIDED UNDER THIS OCEANSCHEDULES.COM WEB SITE AGREEMENT, AT LAW, OR IN EQUITY FAIL OF THEIR ESSENTIAL PURPOSE; AND (b) REGARDLESS OF THE FORM OR CAUSE OF ACTION OR THE ALLEGED BASIS OF THE CLAIM, WHETHER BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORT, TRADE USAGE OR ANY OTHER CAUSE OF ACTION OR BASIS, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

11. Indemnification
Without limiting the generality or effect of other provisions of this Agreement, as a condition of registration or usage of the OceanSchedules.com Web Site and Services, Customer agrees to indemnify, hold harmless, and upon OceanSchedules.coms request to defend the OceanSchedules.com Parties against all third party claims, liabilities and damages incurred or allegedly incurred arising out of Customers use of the OceanSchedules.com Web Site and/or the Services.

12. Network Integrity
a. As a condition of Customers use of the OceanSchedules.com Web Site and/or the Services, Customer agrees not to use the OceanSchedules.com Web Site and/or the Services for any unlawful purpose or any purpose prohibited by these OceanSchedules.com Legal Terms and Conditions or the OceanSchedules.com Privacy and Security Policy.

b. You agree not to: (i) use any device, software or technique to interfere with or attempt to interfere with the proper working of the OceanSchedules.com Web Site and/or the Services; (ii) post or transmit to the OceanSchedules.com Web Site and/or the Services any unlawful, fraudulent, harassing, libelous, or obscene information of any kind; (iii) post or send to the OceanSchedules.com Web Site and/or the Services any information that contains a virus, bug, or other harmful item; (iv) post or transmit into or on the OceanSchedules.com Web Site and/or the Services any information in violation of another party's contractual rights or copyright or other intellectual property rights; (v) take any action which imposes an unreasonable or disproportionately large load on the OceanSchedules.com Web Site and/or the Services infrastructure; (vi) use any device or technology to provide repeated automated attempts to access any portion of the OceanSchedules.com Web Site and/or the Services; (vii) use the OceanSchedules.com Web Site and/or the Services in any manner that could damage, disable, overburden, or impair the OceanSchedules.com Web Site and/or the Services or interfere with any other party's use and enjoyment of the OceanSchedules.com Web Site and/or the Services; (viii) attempt to gain unauthorized access to any Service offered on the OceanSchedules.com Web Site, including, but not limited to, access through other accounts not legally registered to Customer, through any means; (ix) pass User-IDs or passwords to any third party without written consent from OceanSchedules.com; and (x) use any robot, spider or other automatic device, process or means to access the OceanSchedules.com Web Site, or use any manual process to monitor or copy content from the OceanSchedules.com Web Site for any other unauthorized purpose without OceanSchedules.coms prior express written permission.

c. Customer may not obtain or attempt to obtain any information through any means not intentionally provided to Customer by OceanSchedules.com. In addition, Customer agrees not to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse engineer, de-compile, or dissemble any aspect of the OceanSchedules.com Web Site and/or the Services (including any prices or service descriptions) unless specifically authorized by this Agreement or permitted by law despite this contractual prohibition. Actual or attempted unauthorized use of the OceanSchedules.com Web Site and/or the Services may result in criminal and/or civil prosecution.

d. You acknowledge that OceanSchedules.com has the right, but no obligation, to monitor the OceanSchedules.com Web Site and the Services and to disclose any information necessary to operate the OceanSchedules.com Web Site and the Services, to protect OceanSchedules.com, and OceanSchedules.com customers and licensors, and to comply with legal obligations or governmental requests. OceanSchedules.com reserves the right to refuse to post or to remove any information in the OceanSchedules.com Web Site and the Services, in whole or in part, for any reason.

e. You agree to comply with all laws, statutes, ordinances, and regulations (including unfair competition, anti-discrimination or false advertising) regarding or relating to Your use of the OceanSchedules.com Web Site and the Services.

13. Access to the OceanSchedules.com Web Site
In order to access and interact with the OceanSchedules.com Web Site and/or the Services, Customer must be able to operate and maintain the necessary software and hardware, including, without limitation, Web browser software and appropriate communications infrastructure. Acquiring, installing, maintaining and operating any software and hardware needed to do so is solely Customers responsibility. OceanSchedules.com is in no way responsible or liable for Customers access to the Internet, including, without limitation, any connection speed issues, bandwidth or latency-related problems, that may affect Customers ability to access and use the OceanSchedules.com Web Site and/or the Services.

14. Termination
OceanSchedules.com retains the right to terminate this Agreement and Customers access to the OceanSchedules.com Web Site for any reason at any time without prior notice. Upon termination, Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, and 17 of this Agreement shall survive. You have the right to terminate this Agreement upon thirty (30) days written notice to OceanSchedules.com. After any termination of this Agreement, You shall have no right to use or otherwise access the OceanSchedules.com Web Site.

15. Law and Venue
The OceanSchedules.com Web Site, the Services, and this Agreement, shall be governed by and construed in accordance with the substantive laws of the State of New York, without regard to the conflict of laws rules thereof. Each of the Parties irrevocably submits to the exclusive jurisdiction and venue of the courts of the U.S. District Court for the Southern District of New York and waives any objection to venue in such court. If such court lacks subject matter jurisdiction, the Parties irrevocably submit to the exclusive jurisdiction and venue of the state courts of New York encompassed within New York County.

16. Language
It is the express will of the parties that this Agreement and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.

17. General Provisions.
If any provision (or portion thereof) of this Agreement shall be invalid or unenforceable under any applicable law, such invalidity or unenforceability shall not affect the validity or enforceability of any other provision hereof. In addition, in the event that any provision (or portion thereof) of this Agreement is determined by a court to be unenforceable as drafted by virtue of the scope, duration, extent, or character of any obligation contained therein, it is the Parties' intention that such provision (or portion thereof) shall be construed in a manner designed to effectuate the purposes of such provision to the maximum extent enforceable under such applicable law.

OceanSchedules.com may assign this Agreement, in whole or in part, at any time with or without notice to You. You may not assign this Agreement.

All article or section headings, or exhibit names, are for reference and convenience only and shall not be considered in the interpretation of the Agreement.

OceanSchedules.com is a U.S.-based company and subject to U.S. export control laws. Customer acknowledges, agrees, warrants and represents that it will not use Services and/or the OceanSchedules.com Web Site for the purposes of engaging in any transaction that violates the U.S. export control laws. Customer also acknowledges, agrees, warrants and represents that it is not a national of any country subject to U.S. export control laws and that it is not a Special Designated National on the U.S. Treasury Departments list of Specially Designated Nationals.

Force Majeure. OceanSchedules.com shall not be liable for delays or failures in its performance to the extent such failures or delays result from acts beyond OceanSchedules.coms reasonable control, including, but not limited to, fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, strikes, walkouts, riots, civil disorders, rebellions, quarantines, epidemics, embargoes or other similar governmental action.

If You have any questions or comments about privacy, the use of this Web site, the OceanSchedules.com Web Site, You can contact:

By mail:
OceanSchedules.com
1 Upper Pond Rd.,
Morris Corporate Center II, Building D
Parsippany, NJ 07054
USA

By phone: +1 (973) 263 5100
By fax: +1 (973) 263 5969
By e-mail: service@OceanSchedules.com