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1.1 This Agreement governs your use of this Web site, which is owned and operated by Shipping News Inc. of Montreal, Quebec, Canada ("Shipping News").
1.2 Shipping News reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on this Web site. Your use of Transportation News Ticker ("TNT") constitutes your binding acceptance of the terms and conditions set forth herein, including any changes or modifications made by Shipping News as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease using TNT.
2. Use of Content
2.1 You hereby acknowledge that TNT contains information, links and other material that is protected by copyright, trademark or other proprietary rights of Shipping News or third parties, including but not limited to product names, logos, designs, titles, and words or phrases which may be registered in certain jurisdictions (collectively, the "Content"). You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through TNT. Users of may use the Content only for their personal use. Users wanting to publish or resell or otherwise use the Content agree not to do so without express written permission of Shipping News (see 2.2. below).
2.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as otherwise expressly permitted in this agreement. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any content is permitted without the express permission of Shipping News or the owners of such content or their authorized persons if other than Shipping News.
3. No Endorsement
3.1 Shipping News does not represent or endorse the accuracy or reliability of any content posted on TNT and you acknowledge that any reliance upon such content shall be at your sole risk.
3.2 TNT may contain links to sites on the Internet that are owned and operated by third parties ("Links"). You acknowledge that Shipping News is not responsible for the availability of or the content located on or through any link. You should contact the site administrator or Webmaster for those links if you have any concerns regarding accessibility, content or any other matter.
4. You agree to indemnify, defend and hold Shipping News and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "Shipping News Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any Shipping News Party in connection with any use or alleged use of the service under your user name by any person, whether or not authorized by you. Shipping News reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Shipping News's defense of such claim.
5. Shipping News reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of TNT at any time for any reason whatsoever, without prior notice or liability. Shipping News may change, suspend or discontinue all or any aspect of TNT at any time, including the availability of any feature, database, or Content, without prior notice or liability.
6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
6.1 NEITHER SHIPPING NEWS NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE WEB SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES SHIPPING NEWS, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE WEB SERVICE OR THE CONTENT. THE WEB SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER SHIPPING NEWS, THIRD PARTY CONTENT PROVIDERS, NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEB SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE WEB SITE. NEITHER SHIPPING NEWS NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE WEB SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
6.2. NEITHER SHIPPING NEWS NOR ANY THIRD PARTY CONTENT PROVIDER OR THEIR AGENTS SHALL BE LIABLE FOR ANY ACT, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.3. SOME U.S. STATES AND CANADIAN PROVINCES AND TERRITORIES MAY NOT ALLOW EXCLUSION OR IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF SHIPPING NEWS, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
7. This Agreement shall be construed in accordance with the laws of the Province of Quebec in Canada, and the parties irrevocably consent to bring any action to enforce this Agreement to the courts located in Montreal, Quebec, Canada. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. All provisions hereof shall survive any termination of this Agreement as well as any other revisions, which by their terms or sense are intended to survive.