PLEASE READ THESE CONDITIONS OF USE FULLY BEFORE USING THIS WEBSITE.
Welcome to the AT&V website. By using the website and its related services, products, and software (collectively, the “Site”) you agree to be bound by these terms (“Conditions of Use”). You accept the current Conditions of Use each time you access the Site. Additional or separate terms may apply to your interactions with other AT&V websites and to your use of individual services or features available on the Site. References to “AT&V”, “our”, “we”, or “us” may refer to American Tank & Vessel, Inc. and/or its affiliates, subsidiaries, and designees. We may make changes to the Site and these Conditions of Use. It is your responsibility to review the Conditions of Use for updates or changes each time your access the Site. IF YOU DO NOT AGREE WITH ALL OF THESE CONDITIONS OF USE, DO NOT USE THE SITE.
Use of the Site: You may use the Site for your personal, non-commercial use only. You may not use the Site if you are under the age of 18. Your use of the Site constitutes your affirmation that you are at least 18 years of age. Your use of the Site also constitutes your acceptance of these Conditions of Use as a binding agreement between you and AT&V. AT&V has relied on your acceptance of these Conditions of Use as a condition to providing you with access to and use of the Site, and your use of the Site constitutes acknowledgement of such reliance and consent to be bound by these Conditions of Use to the same extent as if you signed a written contract with AT&V.
Privacy: Your use of the Site is subject to our Privacy Policy. The Privacy Policy is an integral part of these Conditions of Use. Please review the Privacy Policy page to learn how, when, and why we collect and use information.
Errors on Our Site: We try to be as accurate as possible. However, we do not warrant or represent that product or service descriptions or other Site content are accurate, complete, reliable, current, or error-free. We cannot warrant that the Site or its features will be error-free, capable of operating without interruption, virus-free, malware-free, or free of other harmful content.
Proprietary Rights: All content included on or comprising the Site, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) is protected by copyright, trademark, patent, and/or other proprietary rights, and these rights are valid and protected in all forms, media, and technologies existing now or developed in the future. All Content is protected as a collective work and original compilation under U.S. and international laws, and AT&V owns, to the fullest extent allowed by law, the copyright and all proprietary rights, title, and interest in the use, selection, coordination, arrangement, enhancement, and underlying methodology of all Content. You may not remove or modify any copyright, trademark, or other proprietary notice contained in any Content, and you may not modify or alter the Content, copy or post the Content on any network computer, or broadcast the Content in any media. You may not copy, scrape, frame, modify, remove, delete, augment, store, mirror, reproduce, display, reverse engineer, decompile, translate, download, upload, post, attempt to control, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from, or in any way exploit any of the Content, in whole or in part. The AT&V name, marks, and logos and other names, marks, and logos on the Site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by AT&V and may not be reproduced, copied, used, or manipulated in any manner without the express, written approval of the owner. Failure to abide by these requirements may subject you to civil and criminal penalties.
Website Monitoring: In addition to the rights stated in the AT&V Privacy Policy, we may monitor and record any and all interaction that you undertake in connection with the Site. We may investigate any interaction that occurs between you and the Site and take such action as we deem reasonable and necessary. The aforementioned rights, however, impose no obligation to monitor, record, or investigate matters involving the Site, and it shall be within our sole discretion as to whether or not any such action is taken.
Site Interaction: You may interact with the Site and AT&V in numerous ways, providing information that you choose to submit on the Site (referred to as “Voluntary Disclosure(s)”). It is solely within your discretion as to whether or not to submit any such Voluntary Disclosure on the Site. Any Voluntary Disclosure submitted by you will be considered non-confidential and non-proprietary, without any expectation or obligation of confidentiality, and you hereby grant AT&V a perpetual, irrevocable, royalty-free, worldwide, fully paid, sub-licensable, transferable right and license to use, modify, reproduce, disclose, store, broadcast, mirror, translate, download, upload, post, assign, transfer, prepare derivative works, sell, transmit, publish, display, delete, and distribute any Voluntary Disclosure you send to us in any media, without restriction or consideration. You also grant us the right to use the name you use when you submit content to us, in connection with Voluntary Disclosures. When you submit Voluntary Disclosures to us, you will disclose any affiliation you have and you will not submit anything that contains harmful computer code, references other websites, or is false, misleading, illegal, controversial, discriminatory, deceptive, objectionable, pornographic, abusive, offensive, defamatory, libelous, hateful, racist, biased, threatening, or harassing. Further, you are prohibited from making any Voluntary Disclosure that may infringe or violate the rights of a third party, including without limitation, trademarks, copyrighted material, or privacy rights of others.
Notification of Claims of Intellectual Property or Copyright Infringement: If you believe that your intellectual property or copyrighted material may have been infringed, please provide AT&V with the following information in writing:
- Identification or description of the copyrighted work or other intellectual property claimed to have been infringed, or if multiple works at a single online site are covered by a single notification, 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 and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, your e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, accompanied by a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
AT&V’s designated agent to receive notifications of claimed infringement can be reached at: American Tank & Vessel, Inc., Attn: Legal Department, 1005 Government St., Mobile, AL 36604, E-mail: info@at-v.com, Phone: (251) 432-8265, Fax: (251) 433-3661. For additional information regarding this procedure, please reference 17 USC 512.
Disclaimers and Limitation of Liability: THIS SITE IS PROVIDED BY AT&V ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. AT&V MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AT&V SITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE AT&V SITES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AT&V DISCLAIMS ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, NON-INFRINGEMENT, PRIVACY OR SECURITY. WITHOUT LIMITING THE FOREGOING, AT&V DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCTS OR SERVICES OFFERED ON THE AT&V SITES. YOU ACKNOWLEDGE, BY YOUR USE OF THE AT&V SITES, THAT YOUR USE OF THE AT&V SITES IS AT YOUR SOLE RISK AND YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN RELIANCE UPON THE INFORMATION AND CONTENT FOUND ON THE SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS ON WARRANTIES, IN WHICH CASE THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU HAVE A PROBLEM WITH THE SITE, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL AT&V OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, OWNERS, REPRESENTATIVES, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF, IN CONNECTION WITH, OR RELATED IN ANY WAY TO THE USE OF OR INABILITY TO USE THE AT&V SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF AT&V HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING AND APPLICABLE LAW, IN NO EVENT WILL AT&V OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, OWNERS, REPRESENTATIVES, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES EXCEEDING THE LESSER OF US$100 OR THE TOTAL FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE AT&V SITES DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
Links to Third-Party Web Sites: The Site may contain content provided by third parties and links to other sites operated by third parties (“Third-Party Site(s)”). We have no control over Third Party Sites. Such links may be made available for your convenience and are intended only to enable access to the Third-Party Sites and for no other purpose. It is within your discretion as to whether or not to utilize any such third-party information or Third-Party Site. AT&V assumes no responsibility for and does not warrant or make any representation about the substance, quality, functionality, accuracy, adequacy, reliability, fitness for a particular purpose, merchantability, or any other characteristic of any Third-Party Site or its content, products, or services. A link to a Third-Party Site on the AT&V Site does not constitute sponsorship, endorsement, approval, or responsibility for any Third-Party Site. AT&V shall not be liable for any viruses, malware, actions, omissions, events, or transmissions occurring within a Third-Party Site. The conditions of use and privacy policy of any Third-Party Site may differ substantially from those of AT&V. Please verify the trustworthiness of any third party with whom you choose to interact and review the conditions of use and privacy policy for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.
Export: Certain software or other materials (“Software”) that you may obtain through the Site may be further subject to export controls. You will comply with all applicable export and re-export restrictions, laws, treaties, and regulations, and you will not transfer, or encourage, assist, or authorize the transfer of any Software to a prohibited country or otherwise in violation of any restriction, law, treaty, or regulation.
Security: You are responsible for maintaining the confidentiality of your information and for restricting access to your computer. If you discover or believe that there has been unauthorized access involving AT&V in any manner, you should contact us immediately. We have no responsibility for any such activities, and you shall release and hold us harmless from any fraudulent, unauthorized, or otherwise improper use of your information. You may not use the Site or our products for statistical, commercial, or unlawful purposes. Activities including, but not limited to, tampering or interfering with the Site, whether through the use of any device, software, or routine, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities, on the Site are prohibited.
You may not violate or attempt to violate the security of the Site, including by, without limitation, (a) accessing data or any portion of the Site not intended for you or logging onto a server or an account which you are not authorized to access; (b) using the Site for unintended purposes or trying to change the behavior of the Site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with the Site or service to any user, host, or network, including without limitation via means of submitting a virus, worm, defect, Trojan horse, trap door, back door, malicious code or other destructive item to the Site, overloading, “flooding,” “spamming,” “mailbombing”, or “crashing”; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (g) transmitting any hidden content, using any data mining or information collection or extraction tools; (h) inlining, deep linking, phishing, utilizing SQL injection, or cross site scripting; or (i) forging communications on behalf of the Site (impersonating the Site) or to the Site (impersonating as a legitimate user). You may not send unsolicited or unauthorized e-mail on behalf of AT&V, including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Conditions of Use. You may not use any device, software, or routine or data to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You may not use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site other than the search engine and search agents we provide and generally publicly available and trusted browsers. As a user of the Site, you waive any right to claim nominative and/or fair use in connection with any infringement action brought by or on behalf of AT&V.
Applicable Law/Disputes and Claims: This Site is created for use solely within the United States of America. Use of the Site in contradiction of applicable United States law is strictly prohibited. These Conditions of Use shall be construed, enforced, and governed by the laws of the State of Alabama, without giving effect to any principles of conflicts of laws that may impose the laws of any other jurisdiction. If there is any dispute concerning the Conditions of Use or related to the Site, the parties to the dispute shall negotiate in good faith to resolve the dispute. If the parties cannot reach a resolution, they will submit such dispute promptly to mediation. Such mediation shall be held in Mobile, Alabama. Any dispute that cannot be resolved through mediation shall be resolved exclusively within the federal or state courts within Mobile, Alabama. As a user of the Site, you submit to the exclusive and personal jurisdiction of such courts and hereby waive any claim that such jurisdiction or venue is improper or inconvenient. Further, any claims arising in connection with your use of the Site must be brought within one (1) year of the occurrence of the event giving rise to such action or they shall be forever barred. Your remedies under these Conditions of Use are exclusive and are limited to those expressly provided for herein.
Effective Date/Termination: These Conditions of Use are made effective upon use or access of the Site by the Site user. We may, in our sole discretion, terminate your use of the Site at any time. We may change, suspend, or discontinue all or any aspects of the Site at any time without prior notice. Any violation of these Conditions of Use automatically terminates your permission to use this Site.
Indemnification: You agree to defend, indemnify, and hold harmless AT&V and its affiliates, employees, directors, officers, owners, representatives, agents, vendors, suppliers, and each of their successors and assigns from and against any and all claims, liabilities, demands, losses, damages, costs, and expenses, including attorneys’ fees and expenses, arising from or related to your use of the AT&V Site or any breach by you of these Conditions of Use or applicable law.
No Third-Party Beneficiaries: No third-party beneficiary rights are conferred by these Conditions of Use.
Questions/Comments/Notices: Questions and comments should be directed to AT&V through the “Contact Us” page. Formal notices to AT&V should be sent via certified mail and/or nationally recognized courier service to: 1005 Government St., Mobile, AL 36604. AT&V may provide notices to Site users by posting the notices on the Site, via e-mail, or other electronic transmission, if applicable. You agree to receive notices electronically, and any notice provided to you in electronic format shall satisfy any requirement that notice be provided in writing.
General: These Conditions of Use (including the Privacy Policy incorporated by reference herein) represent the complete agreement between us and supersede and merge all prior or contemporaneous understandings, agreements, and representations, whether written or verbal. Headings used in these Conditions of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Conditions of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the other terms of these Conditions of Use shall remain in full force and effect. The failure or delay of AT&V to act with respect to a breach of these Conditions of Use by you or others does not constitute a waiver and shall not limit AT&V’s rights with respect to such breach or any subsequent breach. All provisions within these Conditions of Use that are reasonably capable of application after the term or termination of the Conditions of Use shall survive any such termination, including but not limited to the provisions involving intellectual property, licensing, disclaimers, liabilities, indemnification, governing law, jurisdiction/venue, disputes, and any provision providing instruction on interpretation of these Conditions of Use.
These Conditions of Use are effective as of the date of use.