Terms & Conditions
SECUREWEST INTERNATIONAL, INC.
Website, Maritime Assistance Card and SSAS Monitoring
Terms and Conditions of Use
A. Agreement With These Terms and Conditions.
1. User explicitly warrants that, User has fully read and fully understood the Terms and Conditions of Use contained in this Agreement.
2. User further explicitly warrants that, by entering and using this Website, User has the authority to enter and make use of the services provided by Securewest International, Inc. by and through this Website, and that any unauthorized use or access to this Website will give rise to causes of action under the terms of this Agreement and/or applicable law that Securewest may enforce at its sole discretion.
B. Definitions
Agreement. “Agreement” shall mean the Contract for Services and the Terms and Conditions of Use as set forth in this document in any form, be it electronic or otherwise, in its entirety and inclusive of all other documents or materials incorporated explicitly herein by reference. Agreement shall not be construed to include any terms, conditions, or materials not specifically included herein either in whole, part, or by reference. Agreement specifically includes any and all Terms and Conditions of Use located on or included by reference with the Maritime Assistance Center and/or Securewest International Website and shall further include any and all Terms and Conditions of Use located on the Maritime Assistance Card.
Card. “Card” shall refer to the unique Maritime Assistance Card(s) provided by Securewest to a client.
Center. “Center”shall refer to The Maritime Assistance Center and shall include any and all persons, be they individuals or otherwise, services, information, content, contacts, advice or other information or sources of information connected with, used or supplied in support of the goods and services provided by Securewest, The Maritime Assistance Center, and all associated goods and services.
Client. “Client” shall mean any paying customer in good stead with Securewest or any other individual with authority, explicit or by direction, implied or otherwise as an agent of a Client, using and/or seeking the services of the Maritime Assistance Center, the Maritime Assistance Card, by accessing the Maritime Assistance Center Website (“Site”) and/or by utilizing or accessing any other services provided by Securewest.
Communication. “Communication” means and includes any oral or written exchange of words, thoughts or ideas to another person(s), whether person to person, in a group, by telephone, by letter, by telex, email or by any other process, electric, electronic or otherwise. All such communications in writing shall include, without limitation, printed, typed, handwritten, electronic, or other readable documents.
Content. “Content” shall mean all information, text, material, graphics, software and other material included in any material associated with or included in any orders, directional materials, instructional materials, provided as part of or in conjunction with the Center, the Site or any other Services provided by Securewest.
Host. “Host” shall mean the entity, whether a natural person, corporation, partnership, association, or other entity, including the plural, who maintains and provides services for the hosting and operation of the Site.
Indemnified Parties. “Indemnified Parties” shall mean Securewest and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors.
Information. “Information” refers to and includes but is not limited to any type of document, communication, information, ideas, concepts, designs, or images distributed by, with, or through or content contained in, on or within the Card, Site or Center, in any tangible form and includes, without limitation, letters, words, numbers, their equivalent or symbols in any form of data recording or compilation.
Operator. “Operator” shall mean any person, be they a natural person, corporation, partnership, association, or other entity, including the plural, acting on behalf of, under the direction of, for the benefit of, or employed by and using and/or accessing the Center or Site for the benefit of Securewest and its Clients.
Securewest and/or Owner. “Securewest” and “Owner” shall be used interchangeably throughout this Agreement, and shall refer to Securewest International, Inc. and all of its subsidiaries and associated companies, corporations, partnerships, and any other related legal entities.
Services. “Services” shall refer to the assistance and benefit provided to Clients and Users of the Maritime Assistance Center and/or the Maritime Assistance Card by such Client or User accessing the Maritime Assistance Center Website and/or by utilizing or accessing any other services provided by Securewest.
Site. “Site” shall refer to the Maritime Assistance Center Website owned by Securewest for the purpose of providing goods and services to Securewest Maritime Assistance Center clients and accessed at www.securewest.com, either directly or indirectly. It shall include any and all screens, commands, links, information, data, services, operations, computer code and instructions inclusively, whether or not such screens, commands, links, information, data, services, operations, computer code and instructions are seen, witnessed, or apparent to the User.
User. “User” shall refer to any person, client or otherwise, be they a natural person, corporation, partnership, association, or other entity, including the plural, who enters, accesses, uses or otherwise interacts by using and/or seeking the services of the Card, Center and/or Site, and/or by utilizing or accessing any other services provided by Securewest, and includes any person, be they a natural person, corporation, partnership, association, or other entity, including the plural, directing the entry, access, use or interaction with the Site through any other person.
C. Ownership.
This site and all materials included within, are owned wholly and exclusively by Securewest, and its subsidiaries, associated companies, corporations, partnerships, and other legal entities. Securewest’s corporate headquarters are located 420 North Center Drive, Building 11, Suite 206, Norfolk, Virginia 23502-4007. This site is hosted by ik.com (“Host”) solely by, for, and under the direction of Securewest. No material on the Site is the property of ik.com or any other person or entity unless otherwise indicated, and should not be construed as such. Securewest, Securewest International, Maritime Assistance Center, Maritime Assistance Card, securewest.com and the distinctive Securewest Crest are all service marks of Securewest International, Inc. All rights reserved.
D. Governing Law
1. By entry into and use of this Site and associated materials, information, and communications, you agree that, unless otherwise indicated, all information located on and/or included in this Site and associated materials is protected by both local, national, and international law, including but not limited to patent, trademark, copyright, trade secret, and trade dress laws.
2. Unless otherwise noted, this Agreement is governed by and construed under the laws of the United States of America and the Commonwealth of Virginia. You agree, by entering this Site, to submit to the jurisdiction of the courts and tribunals of the United States of America and of the Commonwealth of Virginia.
E. Access and Use
1. Access to this Site is solely under the terms and conditions of this Agreement; although Operator operates and maintains the Site for Securewest, this Agreement does not inure to the benefit of Operator, and should not be construed to give Operator any rights under the Agreement.
2. By entering this Site and/or using or interacting with the goods, services, information and other materials contained herein, regardless of whether or not your access was intended, you agree that your entry and/or use or interaction is conditional on your acceptance and compliance with the terms, conditions, notice and disclaimers contained in this Agreement.
3. Securewest reserves the right to amend the terms of this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are aware of any changes. Since you are bound by this, you should periodically refer to them in this document and elsewhere on the Site. Please read the Terms and Conditions of Use carefully and save them. Any questions or comments regarding, or problems with, the Site should be sent to the Site administrator immediately.
4. Your use of and browsing in the Site are at your risk. Neither Securewest nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranty or merchantability, fitness for a particular purpose, or non-infringement with the exception of those warranties expressly provided for in this Agreement and those expressly provided for in the contract, if any, between Securewest and the Client and/or User. Securewest also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the site of your downloading of any materials, data, text, images, video, or audio from the Site.
F. Other Terms and Conditions.
This Site is intended to be used in conjunction with the provision of services by Securewest to its Clients. Use of this Site therefore is in accordance with and includes by reference all other contracts, provisions, agreements, and terms and conditions pertaining to the goods and services provided by Securewest to its Clients, including but not limited to such terms and conditions included in, referenced by, or explained by all access cards and devices, contracts for service, contracts for goods, brochures, educational and instructional materials, and any other such materials as may apply to the goods and services provided by Securewest by and through this Site or otherwise. The User expressly agrees that by accessing this Site that they are bound by such other terms and conditions, regardless of whether or not they are currently under contract with Securewest and regardless of whether or not they have ever seen, reviewed, read, received, or otherwise been exposed to in any manner any such other terms and conditions.
G. Warranties.
Securewest makes no warranties, explicit or otherwise, other than those contained in such contracts and agreements that it has entered into with Client with regard to this or any other service provided by Securewest. Merely accessing this Site by User does not give rise to any warranties whether they be specific, implied, or otherwise, in Securewest and its goods, services, information and other materials provided by and through this Site or incorporated by reference by and through any portion of this Site.
H. Disclaimer of Liability and Warranties
1. All Content is provided without warranties of any kind, either express or implied.
2. Securewest makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for a particular purpose of any Content.
3. Securewest does not warrant or represent that:
i. the Content will not cause any damage;
ii. the functions contained in any Content, or your access to the Site, will be reliable, uninterrupted or error free;
iii. any defects will be corrected; or
iv. that the Site or the server which stores and transmits Content to you are free of computer viruses or any other harmful components, defects or errors.
4. Securewest will make every effort to ensure that this Site provides the goods and services contracted for by the User; however, Securewest does not control warrant or make any representation regarding:
i. your access to, or the results of your access to, the Site (including any related or linked web sites);
ii. the functionality of links to other web sites, the security of those web sites or the reliability or accuracy of the information contained on those web sites; or
iii. any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
5. You assume the entire cost of any necessary verification of any relevant Content which you wish to have verified; and
6. You agree that you use the Site and rely on material contained in the Site at your own risk.
I. Parole Evidence.
No information, documents, terms, agreements, contracts, provisions, language and/or promises shall be read into or included in this Agreement unless explicitly included in this Agreement either by written inclusion in whole or in part or by explicit inclusion by reference.
J. Intellectual Property Rights.
1. All intellectual property rights, including patent, trademark, copyright, trade dress and trade secret rights subsisting in all information, text, material, graphics, software and other material on the Site is owned by either Securewest or its suppliers or licensors (as the case may be) unless expressly indicated otherwise on the Site.
2. Securewest, Securewest International, Maritime Assistance Center, Maritime Assistance Card, securewest.com and the distinctive Securewest Crest are all service marks of Securewest International, Inc. All rights reserved.
3. You must not modify, copy, reproduce, communicate to the public, republish, frame, upload to a third party, post, transmit or distribute the Content in any way except as expressly provided for on the Site or expressly authorized in writing by Securewest or the owner of the copyright subsisting in the Content. The use of materials from the Site on any other web site or networked computer environment is similarly prohibited. You must not use the Site in any manner or for any purpose which is unlawful or in any manner which violates any right of Securewest or the owner of the copyright subsisting in the Content or which is prohibited by this Agreement.
4. Securewest does not give or make any warranty or representation that material on other web sites to which the Content is linked does not infringe the intellectual property rights of any person anywhere in the world.
5. Securewest is not, and must not be taken to be, authorizing infringement of any intellectual property rights contained in material on other web sites by linking that material.
6. All trademarks displayed on the Site are trademarks of their respective owners. Nothing contained on the Site should be construed as granting any licence or right of use of any trademark displayed on the Site without the express written permission of Securewest or third party owner.
7. All rights not expressly granted in this Agreement are reserved.
K. Changes.
Changes are made periodically to the Content and the Content could include technical inaccuracies or typographical errors.
L. Links.
The Site may contain hypertext reference links and other pointers to internet web sites operated by third parties. Such linked web sites are not under the control of Securewest, and Securewest is not responsible for the contents of any linked Web site or any hypertext reference link contained in a linked web site. Securewest provides these links to you as a convenience only, and the inclusion of any link does not imply any sponsorship or endorsement of the linked web site, or approval of any material on the web site, by Securewest. Securewest makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on other web sites to which Content is linked. You link to any such web site entirely at your own risk. When visiting other Web sites you should refer to each such web site’s individual terms of use and not rely on this Agreement.
M. Limitation of Liability.
1. You acknowledge that Securewest is not liable for:
i. any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, computer viruses or communication line failures; or
ii. the theft, destruction, damage or unauthorized access to your computer system or network.
2. Under no circumstances (including but not limited to any act or omission on the part of Securewest) will Securewest be liable for any loss or damages (including, without limitation, indirect, incidental, special or consequential or punitive damages and damages for loss of profits) whatsoever which result from any use or access of, or any inability to use or access, the Site or any Content.
3. To the fullest extent permitted by law, Securewest’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Securewest to the following:
i. in the case of services supplied or offered by Securewest:
ii. the supply of the services; or
iii. the payment of the cost of having services supplied.
N. Indemnity.
You agree to indemnify, defend, and hold Securewest and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys fees) incurred by any Indemnified Party in connection with any breach of this Agreement, including any negligence, by act or omission, of any Indemnified Party. Securewest reserves the right, at its own expenses, 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 Securewest in defense of such claim.
O. Compliance with Laws Outside the United States of America (“U.S.”).
Securewest makes no representation that the Content or the Site complies with the laws (including intellectual property laws) of any country outside the U.S. If you access the Site from outside U.S., you do so on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located and/or accessing this Site and/or make use of the services provided by and through this Site.
P. Assignment.
Securewest may sell, transfer, assign or novate this Agreement or all or any of its rights and/or obligations under this Agreement, in whole or in part, at its discretion and without prior written consent from any Client and/or User, and, with effect from such sale, transfer, assignment or novation, all references in this Agreement or the relevant part of this Agreement to Securewest shall be deemed to be to the purchaser or assignee and Securewest shall be released from all liability to you.
Q. Termination.
Securewest may at any time with or without cause and without notice immediately terminate this Agreement and your use and access to the Site User explicitly agrees accessing this Site that Securewest, for breach of any term of this Agreement, or upon receipt by Securewest of any information leading Securewest to believe that User and/or Client had breached any term of this Agreement, may immediately terminate User’s access to this Site and may, at Securewest’s sole discretion, cancel or discontinue any and all services provided to and/or contracted for by Client. In the event of termination, you are no longer authorized to use or access the Site; however, all restrictions imposed on you and all Securewest disclaimers and limitations of liability set out in the Agreement survive the termination.
R. Severability.
If any provision of this Agreement is held invalid, unenforceable or illegal by a court of competent jurisdiction for any reason, the remaining Agreement will remain otherwise in full force apart from that provision which will be deemed deleted.
S. Automatic Data Collection.
1. Internal Data Collection. Our Site has features that automatically collect information from users to assist us in creating Sites that honor our Users’ preferences and serve their needs, as well as allowing Securewest to improve its services to its clients. This Site may use cookies, which are small data files containing information about the User that are stored on the User’s hard drive. Some cookies are used to make login to our Site easier (such as remembering usernames and passwords). If User rejects cookies, they may be limited in using some areas of our Site. Cookies can also enable us to track User’s movements and target their interests to enhance their experience at our Site and allow Securewest to tailor services provided to User and/or Client. We may also collect clickstream data and assign unique identifiers to our Users for the same purpose. Information obtained with these technologies may be associated with personal and/or professional information for registered Users. For our internal purposes, we may gather information such as the date, time, browser type, navigation history, and IP address of all visitors to our Site(s). We use this information for our internal security audit log, trend analysis and system administration, and to gather broad demographic information about our User base for aggregate use.
2. With Whom Information is Shared. Other than as explicitly set forth in this Agreement and/or any and all contracts between User and/or Client and Securewest, we do not share your personality identifiable information with other companies, apart from those acting as our agents in providing our service to you, and which agree to use it only for that purpose and to keep the information secure and confidential. We will also disclose information we maintain when required to do so by law, for example, in response to a court order or a subpoena or other legal obligation, in response to a law enforcement agency’s request, or in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Securewest’s rights or property. You should also be aware that courts of equity, such as U.S. Bankruptcy Courts, may have the authority under certain circumstances to permit your information to be shared or transferred to third parties without your permission.
T. Privacy Policy.
Except as specifically in this Agreement and/or any other contracts between User and/or Client and Securewest, User agrees not to provide to any entity or person, except as required by a court of competent jurisdiction, any information contained in this Site pertaining to Securewest or any other User and/or Client.
U. Force Majeure.
Securewest shall not be responsible or liable, except as explicitly provided for in this Agreement and/or any other contract or Agreement between Securewest and User and/or Client, for damages in delay or default in performing its obligations if such delay or default is caused by matters beyond the reasonable control of the non-performing party, including but not limited to power failures, wars or insurrections, acts of terrorism, acts of God, acts of government, strikes, fires, floods, earthquakes, work stoppages, embargoes and/or inability to obtain material.
V. Confidentiality.
User agrees to preserve the confidential information of or pertaining to Securewest, disclose to any person or organization, or use for its own benefit, any confidential information of or pertaining to Securewest, unless such confidential information is required to be disclosed by a court of competent jurisdiction or by any governmental or self regulatory organization or authority.
W. Conflict of Terms.
Should any term of this Agreement conflict with any term or provision of any other Agreement or contract between Securewest and User and/or Client, Securewest may, at its sole discretion, choose which term or provision to apply, except as otherwise provided for by a court of competent jurisdiction.
X. Criminal Misuse.
In addition to the recourse available to Securewest by and through this Agreement and/or other rights, express, implied, or otherwise, residing in Securewest, User must be aware that, due to the nature of the information and/or services provided by Securewest by and through this Site and its associated services, misuse of this Site may give rise to criminal misconduct. Securewest will, at its sole discretion and as required by applicable law, report any and all such misuse, real or suspected.