Use of Northeastmaritime.com, Northeast Maritime Institute Trademarks and Service Marks. The “Northeastmaritime.com,” and “Northeast Maritime Institute,” names, logos and seals are trademarks (“Trademarks”) of the respective entities. You may not use any of these Trademarks, or any variations thereof, without the owner’s prior written consent. You may not use any of these Trademarks, or any variations thereof, for promotional purposes, or in any way that deliberately or inadvertently claims, suggests or, in these institutions’ sole judgment, gives the appearance or impression of a relationship with or endorsement by these institutions.
All Trademarks not owned by Northeastmaritime.com or the Northeast Maritime Institute that appear on the Site or on or through the services made available on or through the Site, if any, are the property of their respective owners.
Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the owner of the applicable Trademark.
DIGITAL MILLENNIUM COPYRIGHT ACT
Copyright owners who believe their material has been infringed on the Site should contact Northeastmaritime.com’s designated copyright agent at legal@NortheastMaritime.com or at 32 Washington St., Fairhaven, MA 02719, Attention: General Counsel
Notification must include:
Identification of the copyrighted work, or, in the case of multiple works at the same location, 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. You must include sufficient information for us to locate the material (e.g., URL, IP address, computer name).
Information for us to be able to contact the complaining party (e.g., email address, phone number).
A statement that the complaining party believes that the use of the material has not been authorized by the copyright owner or an authorized agent.
A statement that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the copyright owner.
DISCLAIMERS OF WARRANTY / LIMITATIONS OF LIABILITIES
THE SITE AND ANY INFORMATION, CONTENT OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT INSOFAR AS ANY SUCH IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW.
NORTHEASTMARITIME.COM AND THE NORTHEASTMARITIME.COM PARTICIPANTS (AS HERINAFTER DEFINED) DO NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE COURSES OR CONTENT PROVIDED WILL MEET YOUR NEEDS OR EXPECTATIONS. NORTHEASTMARITIME.COM AND THE NORTHEASTMARITIME.COM PARTICIPANTS ALSO MAKE NO WARRANTY ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR QUALITY OF THE SITE OR ANY COURSES OR CONTENT, OR THAT ANY PARTICULAR COURSES OR CONTENT WILL CONTINUE TO BE MADE AVAILABLE. “NORTHEASTMARITIME.COM PARTICIPANTS” MEANS NORTHEAST MARITIME INSTITUTE, THE ENTITY PROVIDING INFORMATION, CONTENT OR SERVICES FOR THE SITE, THE COURSE INSTRUCTORS AND THEIR STAFFS.
User Postings Disclaimer. You understand that when using the Site you will be exposed to User Postings from a variety of sources and that neither Northeastmaritime.com nor the Northeastmaritime.com Participants are responsible for the accuracy, usefulness, reliability or intellectual property rights of or relating to such User Postings. You further understand and acknowledge that you may be exposed to User Postings that are inaccurate, offensive, defamatory, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Northeastmaritime.com or any of the Northeastmaritime.com Participants with respect thereto. Neither Northeastmaritime.com nor any of the Northeastmaritime.com Participants endorse any User Postings or any opinion, recommendation or advice expressed therein. Neither Northeastmaritime.com nor any of the Northeastmaritime.com Participants have any obligation to monitor any User Postings or any other user communications through the Site.
However, Northeastmaritime.com reserves the right to review User Postings and to exercise its sole discretion to edit or remove, in whole or in part, any User Posting at any time and for any reason, or to allow the Northeastmaritime.com Participants to do so. Without limiting the foregoing, upon receiving notice from a user or a content owner that a User Posting allegedly does not conform to these TOS, Northeastmaritime.com may investigate the allegation and determine in its sole discretion whether to remove the User Posting, which it reserves the right to do at any time and without notice.
Links to Other Sites. The Site may include hyperlinks to sites maintained or controlled by others. Northeastmaritime.com and the Northeastmaritime.com Participants are not responsible for and do not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these sites. If you decide to access linked third-party websites, you do so at your own risk.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER NORTHEASTMARITIME.COM NOR ANY OF THE NORTHEASTMARITIME.COM PARTICIPANTS WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR YOUR (OR ANY THIRD PARTY’S) USE OF OR INABILITY TO USE THE SITE, OR YOUR PLACEMENT OF CONTENT ON THE SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, WHETHER YOUR CLAIM IS BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW.
IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NORTHEASTMARITIME.COM NOR ANY OF THE NORTHEASTMARITIME.COM PARTICIPANTS WILL HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE AND WHETHER OR NOT NORTHEASTMARITIME.COM OR ANY OF THE NORTHEASTMARITIME.COM PARTICIPANTS HAS BEEN NEGLIGENT OR OTHERWISE AT FAULT (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF PROFITS, LOSS OF DATA OR INTERRUPTION IN AVAILABILITY OF DATA).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, hold harmless and indemnify Northeastmaritime.com and the Northeastmaritime.com Participants, and their respective subsidiaries, affiliates, officers, faculty, students, fellows, governing board members, agents and employees from and against any third-party claims, actions or demands arising out of, resulting from or in any way related to your use of the Site, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Northeastmaritime.com or one of the Northeastmaritime.com Participants will provide you with written notice of such claim, suit or action.
Termination Rights; Discontinuation of Courses and Content. You agree that Northeastmaritime.com, in its sole discretion, may terminate your use of the Site or your participation in it, for any reason or no reason, upon notice to you. It is Northeastmaritime.com’s policy to terminate in appropriate circumstances users of the Site who are repeat copyright infringers. Northeastmaritime.com and the Northeastmaritime.com Participants reserve the right at any time in their sole discretion to cancel, delay, reschedule or alter the format of any course offered through Northeastmaritime.com, or to cease providing any part or all of the Site content or related services, and you agree that neither Northeastmaritime.com nor any of the Northeastmaritime.com Participants will have any liability to you for such an action. If you no longer desire to participate in the Site, you may terminate your participation at any time. The rights granted to you hereunder will terminate upon any termination of your right to use the Site, but the other provisions of these TOS will survive any such termination.
Waiver and Severability of TOS. The failure of Northeastmaritime.com to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of these TOS shall remain in full force and effect.
Choice of Law/Forum Selection. You agree that these TOS and any claim or dispute arising out of or relating to these TOS or any content or service obtained from or through the Site will be governed by the laws of the Commonwealth of Massachusetts, excluding its conflicts of law provisions. You agree that all such claims and disputes will be heard and resolved exclusively in the federal or state courts located in and serving Cambridge, Massachusetts, U.S.A. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum).