SHIPANALYSIS.COM
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image User Agreement - Disclaimer of Warranties - Privacy Policy
All users of this ShipAnalysis.com Internet website (the "Site") must accept and comply with the terms and conditions set forth in this User Agreement (this "User Agreement"). By accessing or using the Site you shall be considered a "User." This User Agreement is entered into by and between you and ShipAnalysis.com. ("ShipAnalysis") and governs your access and use of the Site and the products and services available on and via the Site
image PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE SITE. YOUR USE OF THE SITE INDICATES YOUR FULL ACCEPTANCE OF THIS USER AGREEMENT IN ITS THEN-CURRENT FORM.
image 1. General Provisions ShipAnalysis hereby grants you a revocable, nontransferable, nonexclusive right to use the Site solely for your personal use in accordance with this User Agreement. The foregoing license has been granted to you subject to your agreement to abide by this User Agreement as well as any other rules, procedures, policies, terms or conditions governing the Site that may be displayed from time to time on the Site and to which Users will be bound. The information accessible on and via the Site is the property of ShipAnalysis and/or third parties, and is protected by copyright and other intellectual property and proprietary rights. Without limiting the foregoing or expanding any of your rights hereunder, you agree that you will not publish, broadcast, retransmit, reproduce, commercially exploit, create any derivative of or otherwise disseminate such information, the Site or any portion of the Site.
image 2. Passwords and Security You may be required to register with ShipAnalysis when accessing the Site. Upon registering, you will receive a password. You are solely responsible for any use of or action taken under your password on the Site. Your password may be used only to access and use the Site, electronically authorize transactions and review completed transactions. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to any third party (other than third parties authorized by you to use your account). You accept full responsibility for all orders and transactions placed and conducted through your account and agree to and hereby release ShipAnalysis from any and all liability concerning orders executed through your account. You agree to notify ShipAnalysis immediately of any actual or suspected loss, theft or unauthorized use of your account or password. ShipAnalysis has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above. ShipAnalysis will take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data or communications by unauthorized persons or entities.
image 3. Investigation and Disclosure of Information. ShipAnalysis has the right, but not the obligation, to monitor any activity and content associated with the Site. ShipAnalysis may investigate any complaint or reported violation of its policies and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspending or terminating your use of the Site and denying you access to the Site. ShipAnalysis also reserves the right to report any activity that it suspects may violate any law or regulation to appropriate law enforcement officials, regulators, or other persons or entities. In order to cooperate with governmental requests, to protect ShipAnalysis's systems and Users, to ensure the integrity and operation of ShipAnalysis's Site, business and systems, or to otherwise comply with law and legal process, ShipAnalysis may access and disclose any information it considers necessary or appropriate.
image 4. Ownership. The Site, its content and any and all intellectual property rights pertaining thereto (including but not limited to copyrights, patents, trademarks and service marks) are owned by ShipAnalysis or third parties, and all right, title and interest therein and thereto shall remain the property of ShipAnalysis and/or its licensors, successors or other third parties. You agree not to remove any copyright, trademark or other proprietary notice or legend contained on the Site or its content (or printed copies thereof). ShipAnalysis, ShipAnalysis.com and other names and indicia of ShipAnalysis's products and/or services referenced herein are exclusive trademarks and service marks of ShipAnalysis. Other product and company names and trademarks appearing in the Site are the trademarks of their respective owners. As part of your use and enjoyment of the Site, you may from time to time upload or post commentary, data, information and other content (the "Posted Content"). You hereby grant ShipAnalysis an irrevocable, nonexclusive, transferable, sublicensable right to use the Posted Content, with or without other elements, and without or without attribution to you, in part or in whole, and in any and all ways related to ShipAnalysis's business whether now or hereafter known or practiced.
image 5. Termination. If you are required to register to access the Site, ShipAnalysis reserves the right to reject your registration or suspend or terminate your access to and use of the Site at any time, in our sole discretion, and for any reason. The User Agreement will continue to apply to your past use of the Site in the form in which it then existed at the time of the subject use. Termination of your access to and use of the Site shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to ShipAnalysis.
image 6. Disclaimer of Warranties. THE SITE AND ALL INFORMATION AVAILABLE ON OR VIA THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS OR SEQUENCING OF THE SITE OR THE INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR VIA THE SITE; AND (2) ANY WARRANTIES OF TITLE OR EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
image 7. Limitation of Liability. IN NO EVENT SHALL SHIPANALYSIS OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS USER AGREEMENT, THE SITE, THE INABILITY TO USE THE SITE OR ANY ADVERTISING OR PRODUCTS, SERVICES OR INFORMATION PURCHASED, OBTAINED OR STORED IN OR FROM THE SITE, OR TRANSACTIONS ENTERED INTO VIA THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SHIPANALYSIS OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT SHALL THE LIABILITY OF SHIPANALYSIS OR OF ANY SHIPANALYSIS AFFILIATE IN ANY CIRCUMSTANCE EXCEED $100. WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS PARAGRAPH, THESE LIMITATIONS APPLY TO ANY THIRD PARTY CLAIMS AGAINST USERS.
image 8. Indemnity. You agree to indemnify, defend and hold harmless ShipAnalysis and its affiliates from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorney's fees) arising from or relating to (i) your use of the Site; (ii) your breach of this User Agreement or any representations, warranties or covenants made by you herein; or (iii) your violation of any applicable law, statute, ordinance, regulation or any third party's rights. This obligation survives the termination of this User Agreement.
image 8. Indemnity. You agree to indemnify, defend and hold harmless ShipAnalysis and its affiliates from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorney's fees) arising from or relating to (i) your use of the Site; (ii) your breach of this User Agreement or any representations, warranties or covenants made by you herein; or (iii) your violation of any applicable law, statute, ordinance, regulation or any third party's rights. This obligation survives the termination of this User Agreement.
image 9. Modifications. ShipAnalysis may modify the terms of this User Agreement or any of the policies or guidelines governing the Site, at any time and in its sole discretion, by posting the modified User Agreement on the Site. The modifications shall be effective upon such posting (unless some other date is specified in the posting, in which case that date shall be deemed the effective date for the modifications. You agree to review this User Agreement periodically so that you are aware of any modifications. Your use of the Site indicates your full acceptance of the User Agreement in its then-current form each time you use the Site. You agree that the notice provisions provided in this User Agreement are reasonable. You may not modify the terms of this User Agreement or any of the policies or guidelines governing the Site without ShipAnalysis's express prior written consent.
image 10. Privacy. Information we gather from you via your use of the Site is governed by our Privacy Policy
image 11. Third Party Links. The Site may contain hyperlinks (or "links") to Internet websites of, and advertisements for, third persons and entities, including affiliates of ShipAnalysis. ShipAnalysis provides such links solely as a convenience to its Users. ShipAnalysis does not maintain, and is not responsible or liable for, any off-Site web pages accessible from or linked to the Site or any products, services or information contained, offered or promoted therein. Your use of links to any third person or entity site via the Site is at your own sole risk. You agree that the terms, conditions and agreements governing the third person or entity sites shall apply to you when accessing such site via a link from this Site, and you agree to abide by such agreements. Links to off-Site web pages do not necessarily constitute third person or entity endorsement, sponsorship or affiliation of, with or by ShipAnalysis and should not be construed as such. All opinions, recommendations, views, news, information and other content contained in any third person or entity sites are solely those of the third persons or entities, and ShipAnalysis disclaims all responsibility and liability for it.
image 12. Applicable Law. This User Agreement and all terms and conditions included or incorporated by reference herein shall be governed by and interpreted in accordance with the laws of Norway applicable to agreements made and wholly performed therein.
image 13. Entire Agreement. This User Agreement (including the Privacy Policy), as modified from time to time, constitutes the entire agreement between you and ShipAnalysis with respect to the subject matter hereof. The User Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof.
image 14. Joint Venture. Nothing in this User Agreement shall constitute or create a joint venture, partnership, or any other similar arrangement between you and ShipAnalysis. Neither party is authorized to act as agent or bind the other party except as expressly stated in this User Agreement.
image 15. Assignability. This User Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. ShipAnalysis may assign this User Agreement in whole or in part at any time without your consent. You may not assign this User Agreement or delegate any of your obligations hereunder. Any purported assignment of this User Agreement in violation of its terms shall be void.
image 16. Notice to ShipAnalysis. Any notice to ShipAnalysis that is required or permitted by this User Agreement shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail or when delivered in person or mailed by first class, registered or certified mail, postage prepaid, to the following address: SHIPANALYSIS.COM, c/o A. Gustafsson, Skysetveien 5C. N-1481 HAGAN, NORWAY
image 17. No Waiver of Rights. No failure of either party to enforce any of its rights under this User Agreement will act as a waiver of such rights.
image 18. Enforceability. If any provision of this User Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of the User Agreement shall remain in full force and effect.
image 19. Trading information All information on this website is for information purposes only and should not be viewed as trading advice. Shipanalysis will, under no circumstances, be responsible for any actions taken based on the information.
image 20. Performance Limitations HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN INHERENT LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT ACTUALLY BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN.
image 21. Privacy Policy. We at ShipAnalysis.com recognize the importance of protecting your personal and financial information.

As a subscription and member dependent service we must obtain personal information about you. This information assists us in servicing your account. We do recognize you may be concerned about what we do with this information.

You have our assurance that:

We are committed to safeguarding your privacy online.
We only use your personal information to help us service your account, to improve our services to you, to provide you with products you have requested, and to inform you about additional products or services that may be of interest to you. If you wish to correct any inaccurate information - send an e-mail to info@shipanalysis.com
We protect your account information by restricting public access to that information. That's why you have to enter an ID and a password each time you want to access your subscribed account information.

This Web site does not collect personally identifying information about you except when you specifically and knowingly provide it.

There is a technology called "cookies" which can be used to provide tailored information from a Web site. A cookie is an element of data that a Web site can send to your browser, which may then store it on your system. ShipAnalysis.com only offers cookies to registered members so they do not have to go through the process of re-entering their account details each time they want to access the account holders-only areas of the ShipAnalysis.com site. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it.

The ShipAnalysis.com site contains links to other Web sites. ShipAnalysis.com is not responsible for the privacy practices or the content of such Web sites.