This document was last updated on October 9, 2008.
This Terms of Use Agreement sets forth the standards of use of the Global Maritime and Transportation School (GMATS) Online Service. By using the GMATS web site you (the “Individual”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this web site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at www.gmats.com. Your continued use of this Web site after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Disclaimer of Warranties.
The site is provided by Global Maritime and Transportation School (GMATS) on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Global Maritime and Transportation School (GMATS) makes no representations or warranties of any kind, express or implied, regarding the use, results or information of this web site in terms of its correctness, accuracy, reliability, or otherwise. Global Maritime and Transportation School (GMATS) shall have no liability for any interruptions in the use of this Web site. Global Maritime and Transportation School (GMATS) disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
Limitation of Liability
GLOBAL MARITIME AND TRANSPORTATION SCHOOL (GMATS) SHALL NOT be liable for any damages whatsoever, and in particular Global Maritime and Transportation School (GMATS) shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Global Maritime and Transportation School (GMATS) has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Indemnification
Individual agrees to indemnify and hold Global Maritime and Transportation School (GMATS), its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Individual’s use of this Web site, the violation of this Agreement, or infringement by Individual, or other user of this Web site using Individual’s computer, of any intellectual property or any other right of any person or entity.
Third-Party Sites
Our web site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Individuals to review said privacy policies of third-parties’ sites.
Governing Jurisdiction of the Courts New York
Our web site is operated and provided in the State of New York. As such, we are subject to the laws of the State New York, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our web site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State New York.
Compliance with Laws
Individual assumes all knowledge of applicable law and is responsible for compliance with any such laws. Individual may not use this Web site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Individual further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008 Global Maritime and Transportation School (GMATS), with all rights reserved, or is the property of Global Maritime and Transportation School (GMATS) and/or third parties protected by intellectual property rights. Any use of materials on the web site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of GMATS.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Global Maritime and Transportation School (GMATS) designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail
GMATS
300 Steamboat Road
Kings Point, NY 11024
By Telephone: (516) 726-6100
By Email: info@gmats.usmma.edu
Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Global Maritime and Transportation School (GMATS), in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as an Individual. Individual agrees that by accepting this Terms of Use Agreement, Individual is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.