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Maritime Marketplace

Introduction

This User Agreement, the Fleetle.com Privacy Policy, and all policies posted on our site set out the terms on which Fleetle.com offers you access to and use of our site. All policies and the Fleetle.com Privacy Policy are incorporated into this User Agreement. You agree to comply with all the above when accessing and using our Service.

This User Agreement is effective upon acceptance for users who accept it through registration of a Fleetle.com account or other electronic click-through prior to October 26, 2014. For all other users, it is effective October 26, 2014

About Fleetle.com

Fleetle.com is a marketplace that allows users to offer, sell and buy vessels, vessel parts, to present services, events and facilities in a variety of pricing formats and locations. As a marketplace, Fleetle.com does not own or sell the items listed on this site, so the actual contract for sale is directly between the sellers and buyers. Fleetle.com is not a traditional auctioneer.

Using Fleetle.com

While using or accessing the Service you will not:

  • post, list or upload content or items in inappropriate categories or areas on our site;
  • breach or circumvent any laws, third party rights or our system, policies, or determinations of your account status;
  • use our Service if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our site
  • manipulate the price of any vessel or interfere with other user's listings;
  • post false, inaccurate, misleading, defamatory, or libelous content;
  • take any action that may undermine the feedback or ratings systems
  • transfer your Fleetle.com account (including Feedback) and user ID to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm Fleetle.com, or the interests or property of our users;
  • use any robot, spider, scraper or other automated means to access our Service for any purpose;
  • bypass our robot exclusion headers, interfere with the working of our Service, or impose an unreasonable or disproportionately large load on our infrastructure;
  • export or re-export any Fleetle.com application or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
  • copy, modify, or distribute rights or content from our Service
  • copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our site
  • harvest or otherwise collect information about users, including email addresses, without their consent.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Service.

Abusing Fleetle.com

Without limiting other remedies, we may, limit, suspend, or terminate our services and user accounts, restrict or prohibit access to, and your activities on, our Service, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Service if:

  • we think that you are creating problems or possible legal liabilities;
  • we think that such restrictions will improve the security of the Fleetle.com community or reduce our or another user's exposure to financial liabilities
  • we think that you are infringing the rights of third parties;
  • we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies;
  • despite our reasonable endeavors, we are unable to verify or authenticate any information you provide to us;

Content

When providing us with content or posting content using Fleetle.com, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against us, our sublicensees or assignees.

You represent and warrant that none of the following infringe any intellectual property right: your provision of content to us, your posting of content using our Service, and our use of such content (including of works derived from it) in connection with the Service.

While we try to offer reliable data, we cannot promise that the catalogs of vessels or anything else will always be accurate and up-to-date, and you agree that you will not hold our catalog providers or us responsible for inaccuracies in the catalogues. The catalog may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogs or create any derivative works based on catalog content.

Authorization to Contact You

You agree to receive calls, including autodialed and/or pre-recorded message calls, from Fleetle.com at any of the telephone numbers (including mobile telephone numbers) that we have collected for you as authorized and described in our Privacy Policy, including telephone numbers you have provided us, or that we have obtained from third parties or collected by our own efforts. If the telephone number that we have collected is a mobile telephone number, you consent to receive SMS or other text messages at that number. Standard telephone minute and text charges may apply if we contact you at a mobile number or device. You agree we may contact you in the manner described above at the telephone numbers we have in our records for these purposes:

  • To contact you for reasons relating to your account or your use of our Service or as authorized by applicable law
  • To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future. If you do not wish to receive such communications, you can opt-out in the communications preference section.

We may share your telephone numbers with our service providers who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.

We will not share your telephone number with non-affiliated third parties for their purposes without your explicit consent.

Disclaimer of Warranties; Limitation of Liability

We try to keep our Service safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Service. Bid update and other notification functionality in our application may not occur in real time. Such functionality is subject to delays beyond our control.

You agree that you are making use of our Service at your own risk, and that they are being provided to you on an "as is" and "as available" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Fleetle.com responsible, for any damages or losses resulting directly or indirectly from:

  • your use of or your inability to use our Service;
  • delays or disruptions in our Service;
  • viruses or other malicious software obtained by accessing, or linking to, our Service;
  • glitches, bugs, errors, or inaccuracies of any kind in our Service;
  • damage to your hardware device from the use of our Service;
  • the content, actions, or inactions of third parties, including items listed using our Service or the destruction of allegedly fake items;
  • a suspension or other action taken with respect to your account or breach of the Abusing Fleetle.com section above;
  • the duration or manner in which your listings appear in search results
  • your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Indemnity

You will indemnify and hold us harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach this Agreement, your improper use of Fleetle.com or your breach of any law or the rights of a third party.