Swire Shipping US

GENERAL INFORMATION

Welcome to https://na.swireshipping.com (the "Web Site"). The Web Site is created, controlled, and published by Swire Shipping US Inc., a Washington corporation ("Swire Shipping US Inc.", “SSL US”, “us”, “our”, and “we”). Please read these Terms of Use (“Terms”). By using this Web Site, you, on behalf of yourself and any entity you represent, if applicable, acknowledge that you have read and understand these Terms, you signify your assent to these Terms, and that these Terms form a legally binding agreement between you and SSL US. If acting on behalf of an entity, you must have, and you represent and warrant that you have, full authority to bind your entity to these Terms. These Terms apply to your use of the Web Site, and, unless otherwise expressly stated, these Terms do not apply to any of our offline transactions with you. Further, by using the Web Site, you indicate to us that you have read and understand the information practices disclosed in our Privacy Policy, as well as the Guidelines for Using Swire Shipping US Inc. Company Trademarks, which, to the extent allowed by applicable laws or regulations, are incorporated into and made a part of these Terms by this reference and discussed below. You acknowledge and agree that these Terms are supported by reasonable and valuable consideration (which consideration includes your use of the Web Site), and you acknowledge your receipt of and the sufficiency of the consideration. If you do not agree to these Terms, please do not use the Web Site.

We reserve the right, without notice and for any reason, to remove any content from the Web Site; to modify, suspend, or discontinue the Web Site; and/or to deny access of any user to all or any part of the Web Site.

MODIFICATION OF TERMS

We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of this Web Site following the posting of changes to these Terms will mean you accept those changes.

ELECTRONIC COMMUNICATIONS

When you visit the Web Site or send e-mails to us, you are communicating with us electronically. And, subject to our information practices set forth in our Privacy Policy, you consent to receive responsive communications from us electronically. Unless otherwise set forth in these Terms, notices to you may be made via postings to the Web Site, by email, or by regular mail, in our discretion, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings, based upon or relating to these Terms and/or your use of the Web Site, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT NOTICE

All copyrightable text and graphics, the selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of this Web Site are copyright© 2019 Swire Shipping US Inc.. All rights reserved. Swire Shipping US Inc. hereby authorizes you to view, copy, print, and distribute the documents, related graphics and materials published by Swire Shipping US Inc. on this Web Site ("Materials") subject to the following conditions: 1) use is for non-commercial or personal purposes only; 2) use is for informational purposes only; 3) no documents or related graphics available from this Site are modified in any way; and 4) no graphics available from this Web Site are used separate from accompanying text. In consideration of this authorization, you agree that the above copyright notice and this permission notice shall appear in all copies of this document, related graphics and Materials, or any portions thereof. Modification of the documents, related graphics and Materials or use of the documents, related graphics and Materials for any other purpose is a violation of Swire Shipping US Inc. copyright and other proprietary rights. The use of any documents, related graphics and Materials from this Web Site on any other Web Site or any networked computer environment is prohibited. By downloading any Materials from this Web Site, you agree to these terms. If you do not agree to these terms, do not use this Web Site or download any Materials from it.

OWNERSHIP OF MATERIALS

Any product, process or technology described in this Web Site may be the subject of other Intellectual Property rights reserved by Swire Shipping US Inc. and may not be licensed hereunder. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or other intellectual property right of Swire Shipping US Inc. or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Swire Shipping US Inc. copyright. Any rights not expressly granted herein are reserved.

POLICY CONCERNING INFRINGEMENT CLAIMS AND REPEAT INFRINGERS

Swire Shipping US Inc. will process and investigate proper notices of alleged copyright or other intellectual property infringement related to material on its Web Site or servers and will respond appropriately, following the guidelines of the Online Copyright Infringement Liability Limitation Act and other applicable intellectual property laws. Under appropriate circumstances, Swire Shipping US Inc. will act expeditiously to remove or disable access to the material that is claimed to be infringing or claimed to be the subject of infringing activity. Swire Shipping US Inc. will, following appropriate investigation, terminate or disable access by repeat infringers. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claims of alleged copyright or other intellectual property infringement must be in writing and directed to Swire Shipping US Inc. designated agent.

TRADEMARKS

Swire Shipping US Inc. and the Swire Shipping US Inc. logo, and other names, designs, logos and packaging of Swire Shipping US Inc. and/or Swire Shipping US Inc. products referenced herein (“Swire Shipping Marks”), are trademarks or registered trademarks of Swire Shipping US Inc.. All other product and company names mentioned herein may be the trademarks of their respective owners. Use of any Swire Shipping Marks is governed by the Guidelines for Using Swire Shipping US Inc. Company Trademarks.

YOUR CONDUCT ON THE WEB SITE

You agree NOT to: Use the Web Site or Materials for any fraudulent or unlawful purpose or any purpose prohibited by these Terms; Use the Web Site or Materials in any manner that may adversely affect SSL US’s resources or the availability of the Web Site to others, or in any way that disrupts the operation of the Web Site or the servers or networks that make the Web Site available; Delete or revise any Materials on the Web Site, or modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise tamper with any portion of the Web Site or Materials; Use the Web Site or information obtained through the Web Site to contact anyone who has asked not to be contacted; Submit or post any material or information that is illegal, obscene, threatening, harassing, slanderous, defamatory, abusive, invasive of privacy; or that infringes, misappropriates, or otherwise violates the proprietary or legal rights of any person or entity; or that contains software viruses, corrupted data, or cancel bots; Impersonate any person or entity, create a false identity, falsely state or otherwise misrepresent your affiliation with any person or entity, express or imply that we endorse any statement you make or have made, or otherwise mislead as to the origin of any material or information you submit; Violate the rights of any third party or breach any contract with or duty owed to any third party; Create a database by downloading and saving Materials or any other material or information from the Web Site; Download, copy, or use any Materials or any other information or content on or comprising the Web Site in order to compete with SSL US in any way; Use the Web Site to design, develop, operate, support, market, distribute, or otherwise make available any program, application, or service (including without limitation any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of, or interoperation with the Web Site; Frame or mirror any Materials or other portions of the Web Site (if you link to the Web Site, SSL US reserves the right to block any such links and/or demand you remove any such link at any time); Attempt to gain unauthorized access to the Web Site, or attempt to defeat any security measures that we take to protect the Web Site; or Use any manual or automatic website search/retrieval computer hardware or application to retrieve or in any way gather Materials or other information or materials on or comprising the Web Site, or reproduce or circumvent the structure or presentation of the Web Site without our prior written consent, except that general purpose Internet search engines will be entitled to access the Web Site and use limited content from the Web Site if, in all cases: (i) They provide a direct hyperlink to the relevant web page from the Web Site; (ii) they link to and use the content solely in connection with their activities as an Internet search engine; and (iii) they access the Web Site from a stable IP address using an easily-identifiable agent.

DISCLAIMER

ALL MATERIALS IN THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Swire Shipping US Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT OR OTHERWISE. Swire Shipping US Inc. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER(S) THAT MAKES THIS WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Swire Shipping US Inc. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Swire Shipping US Inc.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THE MATERIALS ON THIS WEB SITE ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. Swire Shipping US Inc. DOES NOT REPRESENT OR WARRANT THAT ANY MATERIAL IN THIS WEB SITE IS CORRECT, COMPLETE, OR UP-TO-DATE. Swire Shipping US Inc. MAY CHANGE OR DELETE MATERIAL ON THIS WEB SITE WITHOUT NOTICE AT ANY TIME. THEREFORE, USE OF THESE MATERIALS IS AT THE USER'S OWN RISK. ELECTRONIC MAIL SENT TO THIS SITE ON THE INTERNET IS NOT SECURE, AND USERS SHOULD AVOID SENDING SENSITIVE OR CONFIDENTIAL INFORMATION IN UNENCRYPTED MESSAGES.

LIMITATION OF LIABILITY

IN NO EVENT SHALL Swire Shipping US Inc. BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA OR INFORMATION, BUSINESS INTERRUPTION, OR ANY OTHER DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON OR INABILITY TO USE ANY MATERIAL AVAILABLE FROM THIS WEB SITE. IN NO EVENT SHALL Swire Shipping US Inc. TOTAL LIABILITY FOR CLAIMS, DAMAGES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR IF NO MONEY WAS PAID, ACTUAL DIRECT, AND PROVEN DAMAGES ATTRIBUTABLE TO THE WILLFUL NEGLIGENCE OF Swire Shipping US Inc. AND UNAVOIDABLE BY YOU.

INDEMNIFICATION BY YOU

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SSL US, ITS AFFILIATES, SUBSIDIARIES, SUCCESSORS, AND ASSIGNS, AND EACH OF OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS FOR, FROM, AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, LOSSES, JUDGMENTS, DEMANDS, AWARDS, AND COSTS AND EXPENSES (including reasonable attorneys’ fees and costs) DUE TO OR ARISING OUT OF (i) YOUR USE OF OR ACTIVITIES IN CONNECTION WITH THE WEB SITE, SSL US MATERIALS, USER SUBMISSIONS OR COMMUNICATIONS (DEFINED AND DISCUSSED BELOW), OR OTHER INFORMATION OR MATERIALS OBTAINED THROUGH THE WEB SITE; (ii) YOUR COMMUNICATIONS, INCLUDING WITHOUT LIMITATION THE DISPLAY OF YOUR COMMUNICATIONS ON OUR WEB SITE AND/OR OUR USE OF YOUR COMMUNICATIONS AS AUTHORIZED IN THESE TERMS; (iii) YOUR INFRINGEMENT, MISAPPROPRIATION, OR OTHER VIOLATION OF ANY THIRD-PARTY RIGHTS, INCLUDING WITHOUT LIMITATION, THE RIGHTS OF ANOTHER WEB SITE USER; AND/OR (iv)YOUR VIOLATION OF THESE TERMS, OR ANY LAW, RULE, OR REGULATION, AND/OR ANY BREACH OF YOUR REPRESENTATIONS OR WARRANTIES MADE IN THESE TERMS.

LINKS TO OTHER MATERIALS

This Web site may contain links to other resources on the Internet ("Third Party Sites"). Third Party Sites are not under the control of Swire Shipping US Inc. and Swire Shipping US Inc. is not responsible for the content of any Third Party Site. Swire Shipping US Inc. reserves the right to terminate any link or linking program at any time. Links are provided as aids to help identify and locate other Internet resources of interest. They are not intended to state or imply that Swire Shipping US Inc. sponsors, endorses or is affiliated or associated with the owners or publishers of such resources, or that Swire Shipping US Inc. is legally authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the Third Party Sites. If you decide to access any of the Third Party Sites linked to this Web Site, you do so entirely at your own risk.

USER SUBMISSIONS

Any material, information, or other communication you transmit or post to this Web Site will be considered non-confidential and non-proprietary ("Communications"). You will not be paid for our use of your Communications, and we are under no obligation to post or use any Communications you provide, and we may remove any Communications at any time in our discretion. Swire Shipping US Inc. will have no obligations with respect to the Communications. If you choose to post any information, content, comments, or Communications to any portion of the Web Site where it is readily apparent that the Communications will be publicly available, you consent to our posting and collection of such Communications, and you grant us permission to use (and to allow third parties to use) such Communications in connection with the operation of the Web Site and our business generally. You grant us the unrestricted, perpetual, worldwide, transferable, sublicensable, royalty-free, and fully-paid up non-exclusive right and license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, and create derivative works based on your Communications. For the avoidance of doubt, Swire Shipping US Inc. and its designees will be free to copy, disclose, distribute, incorporate, and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Web Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. We do not claim ownership of your Communications, unless otherwise expressly provided on the Web Site. You acknowledge and agree that we may have something similar already under consideration or development, and we will own all right, title, and interest in and to what we create or develop without use of your Communications. SWIRE SHIPPING US Inc. DOES NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN SWIRE SHIPPING US Inc. PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO SWIRE SHIPPING US Inc.. ACCORDINGLY, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO SWIRE SHIPPING US Inc. OR ANYONE AT SWIRE SHIPPING US Inc.. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT SWIRE SHIPPING US Inc. DEEMS ALL UNSOLICITED IDEAS AND MATERIALS TO BE NON-CONFIDENTIAL AND NON-PROPRIETARY. YOU ACKNOWLEDGE AND AGREE THAT WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY USE OR MISUSE OF YOUR COMMUNICATIONS BY ANY OTHER WEB SITE USER.

AUDIT RIGHTS

We have the right, but not the obligation, at any time and with any frequency in our discretion, to audit your use of the Web Site to determine your compliance with these Terms. We have the right to enforce these Terms, for any reason and in any manner or by any means that we, in our discretion, deem necessary or appropriate. We may cooperate with any legal process relating to your use of the Web Site and/or any third party claim that your use of the Web Site is unlawful or infringes, misappropriates, or otherwise violates any third party’s rights. We may, in our discretion and without additional notice to you, start, stop, or modify any regulation or enforcement measures at any time.

DISCONTINUANCE AND MODIFICATION; TERMINATION

There is no guarantee that we will continue to offer or provide the Web Site, and we may simply suspend or discontinue the Web Site (or any part thereof) at any time for any reason and without notice to you. We have the right to remove any content from the Web Site or to modify the Web Site. We may, in addition to all other rights and remedies, terminate your access to and use of the Web Site if you breach any provision of these Terms or if you access or use the Web Site in a manner that is not expressly authorized by SSL US or that may harm SSL US. Regardless of the cause or basis for termination, you agree that we shall not be liable for any such termination, and you are not entitled to compensation or damages of any kind as a result of the termination. Accessing the Web Site after such termination will constitute an act of trespass, among other potential claims.

You may discontinue use of the Web Site at any time. These Terms will continue to apply to all past use of the Web Site, even if you are no longer using the Web Site, whether voluntarily or because we terminated your access thereto.

JURISDICTION

This Web Site is controlled and operated by Swire Shipping US Inc. from its offices within the State of Washington, United States of America. This agreement shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Pierce County Washington and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

APPLICABLE LAWS

This Web Site is controlled by Swire Shipping US Inc. from its offices within the United States of America. Swire Shipping US Inc. makes no representation that Materials in the Web Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations.

DISPUTES

You agree that any dispute arising between you and SSL US under these Terms will be conducted only on an individual basis and not in a class, consolidated, or representative action. You further agree to waive your right to a jury trial in connection with any action or litigation arising out of or related to these Terms. You further agree that, regardless of any statute or law to the contrary, you must file any claim or cause of action against SSL US arising out of or relating to these Terms or your use of the Web Site within one (1) year after such claim or cause of action arose, or forever be barred. It is possible that applicable law may not allow for the limitation or waiver of a statute of limitations for certain matters. Solely to the extent that such law applies to you, the above limitation to when a claim or cause of action against SSL US arising out or related to these terms of use must be filed may not apply to you.

To the extent you have in any manner violated or threatened to violate SSL US’s intellectual property rights; disclosed or threatened to disclose any SSL US confidential or proprietary information; violated or threatened to violate the security of any person, data, SSL US servers or networks, and/or the Web Site; and/or otherwise breached or threatened to breach these Terms, you acknowledge and agree that such violation or breach will cause immediate and irreparable harm to SSL US, and SSL US shall be entitled to injunctive or other appropriate relief, including without limitation specific performance (without the posting of a bond or other security and without proving damages), and you agree that SSL US may seek such relief in any court of competent jurisdiction.

GENERAL

As indicated above, Swire Shipping US Inc. may revise these Terms at any time by updating this posting. You should visit this Web Site from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Web Site. You agree that your accessing and using this Web Site is the functional equivalent of your signature and you hereby waive any objection to electronic assent to this agreement, whether based on the Statute of Frauds or similar law, rule, or regulation. These Terms do not create any partnership, joint venture, employer-employee, broker-dealer, agency, or franchise relationship between you and us. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. No waiver or failure to assert any provision of the Terms shall be valid unless in writing and signed by an officer of SSL US. No waiver of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. SSL US may assign its rights and duties under these Terms to any party, at any time, and without notice to you, unless otherwise expressly stated in these Terms or required by law.

Unless otherwise expressly stated herein, these Terms (and all policies incorporated into these Terms) constitute the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. We will not be responsible for failure to fulfill any obligation due to causes beyond our control. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Web Site or information provided to or gathered by us with respect to such use. SSL US reserves all rights not expressly granted in these Terms.

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