Terms and Conditions of Use
The following terms and conditions of use constitute a legal agreement between you and RW Smith ("RW Smith") regarding the access and use of this website (respectively the "Website" and "Terms"). By accessing, browsing and/or using this Website, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Website.
1. Access and Use of this Website.
1.1. You are permitted to use, download, and print any page of this Website only for the purposes reasonably anticipated on this Website or as otherwise might reasonably be expected in the course of your relationship with RW Smith and in accordance with any procedures from time to time in force on this Website. Copying, reproducing, displaying, posting, downloading, re-transmission, re-publication, modification of the data or contents provided in this Website, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, is strictly prohibited without the prior written permission of RW Smith.
1.2. As a condition of your use of this Website, you will not use this Website for any purpose that is unlawful or prohibited by these Terms. You may not use this Website in any manner that could damage, disable, overburden, or impair any RW Smith server, or the network(s) connected to any RW Smith server, or interfere with any other party's use and enjoyment of this Website. You may not attempt to gain unauthorized access to any services, accounts, systems or networks connected through hacking, password mining or any other means. You may not: (i) use or permit any other party to use all or any part of this Website, content or services in connection with activities that breach any relevant laws, infringe any third party’s rights, or breach any applicable standards, content requirements or codes; (ii) post to, upload to, temporarily store on (if such facility is provided) or transmit through, the website any information, materials or content that might be or might encourage conduct that might be unlawful, threatening, abusive, defamatory, obscene, vulgar, discriminatory, pornographic, profane or indecent; (iii) use the website for the purpose of or as a means to send ‘flame’ or ‘spam’ emails or the like.
2. Intellectual Property Rights.
Ownership of all copyrights, database rights, patents, trade or service marks, product names or design rights (whether registered or unregistered), trade secrets and confidential information and any similar rights existing in any territory now or in future and similar rights and interests in all domain names, trade marks, logos, branding appearing on this Website and all content, or otherwise relating to the structure of this Website and the services offered by RW Smith via this Website, vests in RW Smith or its licensors.
3. Interactivity, Third Party Links and Service Providers.
4. Monitoring and Unlawful Activity.
RW Smith has no obligation to monitor this Website; however RW Smith reserves the right to do so and prohibit or deny use or access at its sole discretion. Furthermore, RW Smith reserves the right to terminate your access to any or the entire Website at any time, without notice, for any reason whatsoever. RW Smith reserves the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
5. Accuracy of this Website.
While RW Smith has uses commercially reasonable efforts to ensure that the information contained in this Website is accurate and up to date, this Website could include technical or other mistakes, inaccuracies or typographical errors. RW Smith does not warrant that the Content is accurate, sufficient, error free, complete or up to date at the time it is accessed. You should make further enquiries to satisfy yourself of the accuracy and completeness of any content before relying on it. Certain content may be labeled as indicative only, in which case RW Smith makes no warranties at all in relation to its quality, accuracy, completeness or timeliness.
6.1. You hereby acknowledge and confirm that in case of a conflict between these Terms or any other service information provided by this Website and the information contained in the applicable RW Smith's internal documentation/agreement, the internal documentation/agreement will prevail.
6.2. Furthermore and without derogating from the aforesaid, the terms and conditions of RW Smith's Bill of Lading/Seaway Bill, including without limitation the timetables, governing law and jurisdiction clauses detailed therein shall prevail and supersede the information provided through this Website, unless expressly stated otherwise herein.
7. Personal Information and Privacy.
8. Disclaimer of Warranties.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8.2. RW Smith MAKES NO WARRANTY THAT THE WEBSITE OR THE SERVICES PROVIDED VIA THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT THE WEBSITE OR ANY OF THE SERVICES, INFORMATION AND CONTENT PROVIDED THEREBY OR VIA THE APPLICABLE SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8.3. Although RW Smith uses reasonable attempts to exclude viruses or the like from this Website, it cannot ensure such exclusion. RW Smith assumes no responsibility, and shall not be liable for any damages to or viruses or the like that may infect your computer equipment or other property on account of your access to or use of or browsing of this Website or your downloading of any material, data, text, images or other from this Website and no liability is accepted for viruses or the like. Please take all appropriate safeguards before downloading information from this Website.
9. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL RW Smith OR ANY OF ITS SUBSIDIARIES, AFFILIATES, STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS OR SUPPLIERS (THE “RW Smith PARTIES”) BE LIABLE, JOINTLY OR SEVERALLY, TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR USE OR ACCESS OF THE SERVICE, THE SITE OR ANY CONTENT APPEARING VIA THE SITE AND SERVICE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE, PROFITS, USE, DATA OR OTHER INTANGIBLES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE RW Smith PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND REGARDLESS OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, AND THEN THE LIABILITY OF THE RW Smith PARTIES SHALL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
10. International Users.
This Website can be accessed from countries around the world and may contain references to RW Smith’s products, services, and programs that are not available in your country. These references do not imply that RW Smith intends to announce such products, services, or programs in your country. This Website is controlled and operated by RW Smith from its offices in the USA. RW Smith makes no representation that materials in this Website are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so, on their own initiative and are responsible for compliance with applicable local laws.
11. Remedies for Violations.
RW Smith reserves the right to seek all remedies available at law and in equity for violations of these Terms, including but not limited to the right to block access from a particular Internet address to this Website and any other provider and their features.
12. Governing Law and Jurisdiction.
The Terms are governed by and construed in accordance with the laws of the State of Texas and any action arising out of or relating to these terms shall be filed only in the courts located in Harris County, Houston, Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
These Terms constitute the entire agreement between you and RW Smith with reference to this Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. In the event any provision of these Terms shall be deemed unenforceable, void or invalid, such provision shall be modified so as to make it valid and enforceable, and as so modified the entire Agreement shall remain in full force and effect. No failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder. These Terms may not be modified unless such modification and/or amendment is in writing and signed by authorized representatives of both parties.