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Terms of Use

ABS - Home Terms of Use

Last Update: October 20, 2016

TERMS OF USE

YOUR ACCESS TO AND USE OF THE ABS WEB SITE IS SUBJECT TO THE TERMS AND CONDITIONS BELOW ("TERMS") AND ALL APPLICABLE LAWS. BY VISITING THE ABS WEB SITE, AND/OR ACCESSING ITS CONTENTS, YOU ACCEPT THESE TERMS AND OUR PRIVACY POLICY WITHOUT LIMITATION OR QUALIFICATION. THE PRIVACY POLICY, WHICH YOU MUST READ, CONTAINS IMPORTANT INFORMATION ABOUT THE USE OF YOUR PERSONAL DATA AND OTHER INFORMATION REGARDING YOUR PRIVACY. ACCORDINGLY, IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR OUR PRIVACY POLICY, YOU SHOULD NOT VISIT THIS WEB SITE.

ABOUT US

American Bureau of Shipping has operations in several countries and is headquartered at 16855 Northchase Drive, Houston, Texas 77060. If You have any questions, complaints or comments regarding this Web site, You may contact us at csc@eagle.org. 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. 

AUTHORIZED USE

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.

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.

INDEMNITY

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.

LEGAL

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.

TRADEMARKS

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, ABS FUTURECLASS, 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):

  • A PHYSICAL OR ELECTRONIC SIGNATURE OF A PERSON AUTHORIZED TO ACT ON BEHALF OF THE OWNER OF AN EXCLUSIVE RIGHT THAT IS ALLEGEDLY INFRINGED;
  • IDENTIFICATION OF THE COPYRIGHTED WORK CLAIMED TO HAVE BEEN INFRINGED, OR, IF MULTIPLE COPYRIGHTED WORKS AT A SINGLE ONLINE SITE ARE COVERED BY A SINGLE NOTIFICATION, A REPRESENTATIVE LIST OF SUCH WORKS AT THAT SITE;
  • IDENTIFICATION OF THE MATERIAL THAT IS CLAIMED TO BE INFRINGING OR TO BE THE SUBJECT OF INFRINGING ACTIVITY AND THAT IS TO BE REMOVED OR ACCESS TO WHICH IS TO BE DISABLED AND INFORMATION REASONABLY SUFFICIENT TO PERMIT THE SERVICE PROVIDER TO LOCATE THE MATERIAL;
  • INFORMATION REASONABLY SUFFICIENT TO PERMIT THE SERVICE PROVIDER TO CONTACT YOU, SUCH AS AN ADDRESS, TELEPHONE NUMBER, AND, IF AVAILABLE, AN ELECTRONIC MAIL;
  • A STATEMENT THAT YOU HAVE A GOOD FAITH BELIEF THAT USE OF THE MATERIAL IN THE MANNER COMPLAINED OF IS NOT AUTHORIZED BY THE COPYRIGHT OWNER, ITS AGENT, OR THE LAW; AND
  • A STATEMENT THAT THE INFORMATION IN THE NOTIFICATION IS ACCURATE, AND UNDER PENALTY OF PERJURY, THAT YOU ARE AUTHORIZED TO ACT ON BEHALF OF THE OWNER OF AN EXCLUSIVE RIGHT THAT IS ALLEGEDLY INFRINGED.

ABS’s designated Copyright Agent to receive notifications of claimed infringement is Office of the General Counsel, 16855 Northchase Drive, Houston, Texas 77060, email: csc@eagle.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.

GOVERNING LAW

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.

DISPUTES

Except to the extent that You have in any manner violated or threatened to violate our intellectual property rights for which ABS may seek injunctive or other appropriate relief in any court of competent jurisdiction, any disputes relating to your use of the ABS Web site shall be submitted to confidential arbitration in New York, New York.  You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of New York. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action brought by You arising out of, related to or connected with the use of the ABS Web site or under these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever banned.

SEVERABILITY

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.