Terms of Service
You use of the Subscriber Area of this website is governed by these terms, and also by the Legal Statement. By using the Subscriber Area of this website, you agree to these terms in their entirety.
The New Orleans Board of Trade, Limited (“NOBOT”), will provide Subscriber with access to the Marine Exchange Services pursuant to the terms and conditions of this Agreement. “Marine Exchange Services” means electronic information services (by way of fax, telephone, computer database, and/or internet access to data) concerning ship arrivals/departures/locations on the lower Mississippi River from time to time made available to the Subscriber by NOBOT.
Whether Subscriber is known or identified as a “ships’ agent” or an agent of any kind, Subscriber is liable for timely payment for the Marine Exchange Services provided pursuant to the Subscription Agreement, and for compliance with all of the terms and conditions of that agreement. Subscriber may not refuse to timely pay for the Marine Services contracted hereunder on the grounds that his or her principal has not paid Subscriber. NOBOT may prohibit access to the information it provides to any Subscriber delinquent in payment.
Subscriber shall have a non-exclusive, nontransferable license to access and use the Marine Exchange Services, solely in the regular course of Subscriber’s business, at such times as the Marine Exchange Services are generally available.
All right, title, and interest in the Marine Exchange Services and the materials included therein belong to NOBOT, except to the extent that third parties whose materials are made available in the Marine Exchange Services possess copyright, proprietary interests, or intellectual property rights in such materials. Subscriber will not by virtue of this Agreement, acquire any proprietary interest in the Marine Exchange Services or any material included therein.
Subscriber may use the Marine Exchange Services only to carry out the business of the Subscriber. Subscriber agrees that such business does not include the dissemination, circulation, or publication of the Marine Exchange Services in any form, either to third parties, or to associated companies. Subscriber may not publish, broadcast, sell or donate any material retrieved through the Marine Exchange Services or use any such materials in any fashion that may infringe any copyright, proprietary interest, or intellectual property rights of NOBOT or its third party suppliers. Subscriber may not copy or otherwise distribute any material retrieved through the Marine Exchange Services. Subscriber may not disclose the user identification or password issued to Subscriber by NOBOT to any third party. Further, the Subscriber agrees to take all reasonable measures to keep any information contained in the Marine Exchange Services, and his or her user identification and passwords, secure. NOBOT may change the user identification or password of any Subscriber without prior notice. Subscriber represents and warrants to NOBOT that Subscriber is not in the business of providing information concerning ship arrivals, departures, or locations on the lower Mississippi River to third parties.
NOBOT will provide a unique identification number to Subscriber. Such identification number may not be used by anyone who is not an employee of Subscriber.
NOBOT represents and warrants to Subscriber that NOBOT has the right and authority to make the materials included in the Marine Exchange Services available to Subscriber pursuant to the terms and conditions of this Agreement. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, ALL MARTINE EXCHANGE SERVICES AND SOFTWARE FURNISHED BY NOBOT TO SUBSCRIBER ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, AND NOBOT EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Without limiting the generality of the foregoing, NOBOT shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from any error in or omissions from the Marine Exchange Services, or any materials included therein, or the unavailability or interruption of the Marine Exchange Services or any features thereto or any materials included therein, or Subscriber’s use of the Marine Exchange Services, or the content of any materials included in the Marine Exchange Services.
NEITHER NOBOT NOR ANY RELATED PARTY OR THIRD PARTY PROVIDER HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS NOR SHALL THEY BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL OR ANY KIND WHATSOEVER, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE MARINE EXCHANGE SERVICES OR NOBOT’S FAILURE TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT, REGARDLESS OF THE NEGLIGENCE OF NOBOT OR ANY RELATED PARTY OR THIRD PARTY PROVIDER.
IN NO EVENT SHALL THE LIABILITY OF NOBOT NOR ANY RELATED PARTY PURSUANT TO ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE EXCEED THE FEE PAID BY SUBSCRIBER FOR ACCESS TO SUCH MATERIALS IN THE MONTH IN WHICH SUCH CAUSE OF ACTION IS ALLEGED TO HAVE ARISEN.
Although NOBOT makes every effort to insure the accuracy and reliability of information contained in the Marine Exchange services, Subscriber shall indemnify and hold NOBOT harmless against any claim by third parties or Subscriber’s clients as a result of any fault or omission in the provision of Marine Exchange Services to Subscriber, or any inaccuracy in the information supplied to the Subscriber.
Performance of any obligation herein by NOBOT will be excused if prevented by Acts of God, war, invasion by hostile forces, terrorism, fire or casualty, labor disputes, evacuation order, failure of communications companies, or without limiting the foregoing, any circumstances beyond NOBOT’s reasonable control.
These terms are subject to change by NOBOT without notice or notification. Should the Subscriber not agree with any of the terms or conditions, the Subscriber shall discontinue use of the Marine Exchange Services and contact The New Orleans Board of Trade, Limited immediately.