PLEASE READ BEFORE USING THIS SITE

TERMS OF USE

Disclaimer

This website is a service of Hoyt Shepston, Inc. These pages contain general information only. Hoyt Shepston, Inc. makes no warranties, representations or undertakings about:

* any of the content of this website (including, without limitation, any as to the quality, accuracy, completeness or fitness for any particular purpose of such content); or
* any content of any other website referred to or accessed by hypertext link through this website ("3rd party site").

Hoyt Shepston does not endorse or approve the content of any 3rd party site, nor will Hoyt Shepston have any liability in connection with any of them (including, but not limited to, liability arising out of any allegation that the content of any 3rd party site infringes any law or the rights of any person or entity).

Any inquiries or questions concerning the Disclaimer, please contact us.

Copyright

The contents of these pages are copyright © Hoyt Shepston, Inc.

You may download to a local hard disk and print extracts from this website for your personal use. You may also recopy downloaded extracts to others provided you do not do so for profit.

However, reproduction of part or all of the contents in any form is prohibited unless for personal use. Unless otherwise stated, none of the content of this website may be copied or otherwise incorporated into or stored in any other website, electronic retrieval system, publication or other work in any form (whether hard copy, electronic or other). For the avoidance of doubt, framing of this site or any part of it is not permitted without express permission. You are, however, welcome to link to any page of this site from your own website.

Notwithstanding the above, caching of this site is permitted by an information service provider acting in the normal course of its business as provided for in the Electronic Commerce (EC Directive) Regulations 2002.

Any inquiries or questions concerning Copyright, please contact us.

Website Accessibility

This site has been designed with accessibility in mind.

For the best viewing experience we recommend using the latest web browser technology although the site will work adequately with older browsers and text-based browsers and screen reader plug-ins.

Where possible the site has been built to comply with World Wide Web Consortium standards and guidelines for XHTML, CSS and accessibility.

We welcome your feedback and for more information or to report any problems you may have accessing the site please contact us.

Accuracy of this Website

While Hoyt Shepston 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. Hoyt Shepston 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 Hoyt Shepston makes no warranties at all in relation to its quality, accuracy, completeness or timeliness.

Conflict

a) 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 Hoyt Shepston's internal documentation/agreement, the internal documentation/agreement will prevail.
b) Furthermore and without derogating from the aforesaid, the terms and conditions of Hoyt Shepston'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.

Personal Information and Privacy

Hoyt Shepston is committed to preserving the privacy of the users in its Website. To learn about how Hoyt Shepston protects your personal information, such as your name and address, refer to Hoyt Shepston’s Privacy Policy. Except as set forth in the Privacy Policy or in these Terms, your personal information will be deemed to be confidential. Any non-personal information or material sent to Hoyt Shepston and/or provided by you through this Website will generally be deemed to NOT be confidential. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Hoyt Shepston or others, or as stated in our Privacy Policy.

Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AGREEMENT BETWEEN YOU AND HOYT SHEPSTON, THIS WEBSITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS WEBSITE, ARE PROVIDED ON AN "AS IS" BASIS. HOYT SHEPSTON, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. HOYT SHEPSTON, IT'S AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE SERVICES, CONTENT OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE OR SYSTEMS. NO INFORMATION OBTAINED VIA THE HOYT SHEPSTON SYSTEMS OR WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY HOYT SHEPSTON IN THESE TERMS OF USE. 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. HOYT SHEPSTON 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.

Although Hoyt Shepston uses reasonable attempts to exclude viruses or the like from this Website, it cannot ensure such exclusion. Hoyt Shepston 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.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL HOYT SHEPSTON OR ANY OF ITS SUBSIDIARIES, AFFILIATES, STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS OR SUPPLIERS (THE “HOYT SHEPSTON 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 HOYT SHEPSTON 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 HOYT SHEPSTON PARTIES SHALL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

International Users

This Website can be accessed from countries around the world and may contain references to Hoyt Shepston’s products, services, and programs that are not available in your country. These references do not imply that Hoyt Shepston intends to announce such products, services, or programs in your country. This Website is controlled and operated by Hoyt Shepston from its offices within the United States of America. Hoyt Shepston 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.

Remedies for Violations

Hoyt Shepston 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.

Governing Law and Jurisdiction

The Terms are governed by and construed in accordance with the laws of the State of California and any action arising out of or relating to these terms shall be filed only in the courts located in California and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

Revision

Hoyt Shepston reserves the right to change, suspend or discontinue any aspect of the services and content provided through this Website at any time, without notice or liability. You should periodically check these Terms and Privacy Policy posted on this Website to review the current terms and guidelines applicable to your use. Your continued use of this Website after such revisions constitutes your acceptance of these revisions.

General

These Terms constitute the entire agreement between you and Hoyt Shepston 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.