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Muller Shipping Corporation Copyright & Web Site User Agreement Terms and Conditions of Use Thank you for your interest in our web site. The site is provided by Muller Shipping Corporation ("Muller"). This is a statement of the terms and conditions ("Terms") under which you may use the site and the information contained therein. Part 1: Copyright The material contained within the Muller Shipping Corporation Web Site ("The Site"), including but not limited to text, data, software, graphics, logos and other material ("Material") is the property of Muller who retain full copyright of the Material. The Site contains proprietary business information of Muller Shipping Corporation and their clients. It is prepared and made available by Muller for the use of their clients and other authorized Users. Information and data available on The Site may not be used or disseminated except as authorized herein. Part 2: User ID and Password To request a User ID and password you must accept and agree to abide by these Terms, without limitation or qualification. If you do not agree to abide by all of the Terms as noted here, no user ID or password will be assigned. Use of the Material in The Site is granted only to the individual to whom Muller has issued a User ID and Password. By accepting the Terms and Conditions of Use, you agree that you will not allow any other persons to access the site using your User ID and Password information. Part 3: Use of Material. Use of the Material is provided to Clients of Muller and selected other individuals, hereinafter collectively referred to as "Users". Clients and other authorized Users are permitted to download material for use, with proper attribution, in their daily business within their own organization. This permission strictly prohibits the distribution or sharing of information available on The Site with any persons or organizations not within the User's organization, whether in the form of reports, presentations, tables, charts, literature, documentation or other materials, whether in their original form or after having been modified. Dissemination of any information obtained from The Site without the express written permission of Muller is prohibited. Requests for permission to use any of the Material from The Site, and all other inquiries, may be made via email to muller@mullershipping.com or in writing to Muller Shipping Corporation One Industrial Plaza Building E Valley Stream, New York 11581 U.S.A. Attn: Web Site Administrator If you violate any of the Terms, your permission to use the Material will be automatically terminated and you will be obliged to immediately destroy any copies you have made of the Material. Part 4: Limitation of Liability While care has been taken in the production of the material displayed in The Site, no liability can be accepted for any loss incurred in any way whatsoever by any person who seeks to rely on the information contained herein. It is understood and agreed that the complex nature of the shipping business, reliance on information supplied by outside sources, daily changes in transportation schedules, and decisions taken by parties outside the control or purview of Muller may result in inherent limitations, inaccuracies and shortfalls in the information collected, processed and provided on The Site. Muller cannot be held responsible for any Material on The Site provided by any third parties. Muller, its agents, officers and employees shall in no circumstances whatsoever be liable, in negligence or otherwise, for any loss suffered by the User, their organization, or any third party arising from the provision of information by Muller for any purpose. Muller cannot guarantee that The Site will be on-line at all times, or that all its functionality will be available at any specific time. In addition, although we take precautions to ensure that our server and the system are protected from viruses, we cannot guarantee that computer viruses or other harmful items may not be present in the system. If you use The Site or the Material in it you do so at your own risk. Muller cannot be responsible for any costs incurred involving the servicing or replacement of equipment or data, as a result of any such harmful items being encountered. Part 5: Hyperlinks to Other Sites The Site contains links to third party web sites. As these web sites are maintained by others, Muller cannot be held responsible for the content or accuracy of the material of such web sites. Muller provides the links to third party web sites as a convenience for the User and not as any form of endorsement of these sites. Any decision to visit a linked third party web site must be taken at the User's risk. Part 6: Indemnity The User agrees and hereby undertakes to hold Muller and its affiliated companies, its agents, officers and employees ("Indemnified Parties") harmless against all demands, actions, claims, liabilities, losses, costs, charges and expenses ("Claims") arising out of your use of the Material or your breach of the terms of this Agreement. This undertaking shall apply only to the extent that the Indemnified Parties are named, or threatened with being so named, in an action or proceeding alleging that the Material on The Site was false or misleading or otherwise partially or wholly gave rise to the alleged cause of action. Part 7: Jurisdiction & Arbitration Muller Shipping Corporation is a registered business in the state of New York, United States of America. All legal claims relating to and arising from use of the Material incorporated in The Site shall be subject to and judged in accordance with the laws of the state of New York and/or the federal laws of the United States of America. You agree to submit to the jurisdiction of the appropriate court in the U.S.A. in the event of any such action. Muller does not claim that the Material incorporated in The Site is suited for any specific use or audience. If you access The Site from outside the United States, you are responsible for compliance with the laws in your jurisdiction with regard to the downloading of Material. Part 8: Miscellaneous If access to The Site is permitted in return for a user fee, subscription, or other financial remuneration, non-payment does not release the user from his obligations outlined in this contract. The failure by Muller to exercise any of their rights according to these Terms within a specified time period does not constitute a waiver of those rights or of any other rights contained herein. These terms and conditions may be modified or revised by Muller at any time and without notice. By accepting the terms of this agreement, Users agree to abide by and all such revised terms immediately upon implementation. Users are responsible for complying with revisions and are therefore urged to periodically review this page for any such modifications or revisions. Last updated 02/09/2004
I have read and agree to the above statement.
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