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User Agreement

THE MARITIMEEMPLOYMENT.COM ONLINE USER AGREEMENT:

PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THE MARITIMEEMPLOYMENT.COM; MARITIMEJOBS.BIZ; OCEANJOBS.BIZ; SHIPJOBS.BIZ; SEAFARERSEMPLOYMENT.COM; WORKBOATJOBS.BIZ; OFFSHORESOURCEJOBS.COM; SHALLOWDRAFTJOBS.COM; OFFSHOREMARINEJOBS.COM; WORKBOATJOBS.COM; PASSENGERVESSELJOBS.COM; CANADACRUISEJOBS.COM; PACIFICMARITIMEJOBS.COM; GOGULFMARITIMEJOBS.COM; AWOJOBS.COM AND EMPLEOMARINO.COM WEB SITES (the "Web Site") AND/OR EMPLOYMENT SERVICES (the "Service") YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF THIS USER AGREEMENT ("Agreement") BETWEEN YOU AND MARITIMEEMPLOYMENT.COM. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE WEB SITE OR SERVICE. ADDITIONALLY, IF YOU ARE AN EMPLOYER, YOU ADDITIONALLY AGREE TO ABIDE BY THE EMPLOYER AGREEMENT AT SECTION 10 BELOW.

1.GENERAL INFORMATION.

1.1 The Web Site and Service are provided by Oceanwide Houston, Inc., d/b/a MaritimeEmployment.com ("Oceanwide"). Oceanwide reserves the right, at its discretion, to change the terms of this Agreement and/or change, suspend, discontinue or modify any aspect of the Web Site and Service. Such modifications may include, without limitation, changes in content, in user priorities, and discontinuance of functional aspects of the Web Site.

1.2 Any notice or statement of changes/modifications described above will be displayed online, and such display shall constitute effective notice under this Agreement. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions. Additionally, your continued use of the Web Site and/or Services after the posting of any notice of a change in the terms and conditions shall constitute your acceptance to be bound by any such changes.

2. The Service Area.

2.1 The "Service Area" shall mean all areas and aspects of the Web Site and Service including, without limitation, text, data, photos, images, graphics, videos, video conferencing, resumes, or any information obtained through the Web Site (collectively referred to herein as "Information"), Oceanwide’s computers or network and any subscription, product, service, resume referral, or information provided by Oceanwide. Oceanwide has entered into contractual relationships with certain employers, sponsors, and advertisers of products or services (the "Advertisers"), whereby Oceanwide may link to or display Information, advertisements, discounts, products, goods, or services offered by the Advertisers. Oceanwide does not guarantee the availability or accuracy of any such Advertiser Information or offers, nor does it endorse any of their products or services.

2.2 Oceanwide shall not be held liable, directly or indirectly, for any loss or damage caused by Your use of: a) any external site linked to the Web Site, b) Advertiser Information, or c) Advertiser products or services. Statements made on the Web Site concerning the products or services of Oceanwide do not constitute an offer, but are merely solicitations of an offer.

3. Limitations on Use and User Submissions.

3.1Copyright, Patent and Trademark Notice. All content of the Web Site, including but not limited to, all text, photos, graphics, audio, software, and/or video is copyrighted by Oceanwide Houston, Inc., ©2008 MaritimeEmployment.com. All rights reserved.

No portion of the content may be directly or indirectly copied, published, reproduced, modified, performed, displayed, sold, transmitted, published, broadcast, rewritten for broadcast or publication or redistributed in any medium. Nor may any portion of the content be stored in a computer or distributed over any network except that you may download or print one copy of occasional web pages strictly for personal and non-commercial use.

Oceanwide, and its associated logos, page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, and/or registered trademarks of Oceanwide. All other product names and company logos mentioned herein are trademarks of their respective owners. Neither these materials nor any portion thereof may be stored in a computer except as reasonably necessary for personal and non-commercial use.

3.2 Restricted Use of the Site. You agree to use the Service Area and Information for lawful purposes only. You agree not to post or transmit any information through the Service Area which (1) infringes the rights of others or violates their privacy or publicity rights, (2) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, or (3) is protected by patent, copyright, trademark or other proprietary right without the express permission of the owner of such right. You shall be solely liable for any damages resulting from any infringement of patent, copyright, trademark or other proprietary right, or any other harm resulting from Your use of the Service.

3.3 Your Submission of Resumes and Messages. You hereby grant to Oceanwide a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and use for any purpose all messages, job descriptions, and/or resumes posted by You on the Service or any e-mail sent by You to Oceanwide (in whole or in part) and to incorporate any such messages or e-mails in any form, media or technology now known or later developed. You additionally grant Oceanwide a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to disclose Your resume, including any personally identifying information contained therein, to potential employers.

3.4 Public messages. Any and all electronic forums made available to users of the Service are the sole property of Oceanwide and are not a public forum. You understand and acknowledge that all information, data, software, music, sound, photographs, graphics, video, messages or other materials posted by any person or entity other than Oceanwide, including individual resumes and job descriptions ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. You assume total liability for all Content that you upload, post, email or otherwise transmit via the Service. Oceanwide assumes no liability for any such Content.  You agree not to use the Service to:

  1. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or hateful, or is racially, ethnically or otherwise objectionable;
  2. harm minors in any way; impersonate any person or entity, including, but not limited to, an official or representative of Oceanwide, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Service;
  4. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  5. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  6. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  7. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  8. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  9. "stalk" or otherwise harass another; or
  10. collect or store personal data, other than resumes of prospective employees or contractors, about other users.

You acknowledge that Oceanwide may or may not pre-screen Content, but that Oceanwide and its designees shall have the right (but not the obligation) in its sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Oceanwide and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge and agree that Oceanwide may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Oceanwide, its users, or the public.

3.5 Linking. Without the prior written consent of Oceanwide, you may not use any of Oceanwide's proprietary logos, marks, or other distinctive graphics, video, or audio material in Your links. You may link only to the home page of MaritimeEmployment.com unless otherwise agreed to in writing by Oceanwide. You may not link in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by Oceanwide; 2) cause confusion, mistake, or deception; 3) dilute Oceanwide's trademarks or service marks; or 4) otherwise violate state or federal law.

4. Access and Delays in Services. Oceanwide shall have no responsibility to provide You access to the Web Site. Further, Oceanwide its licensors or Advertisers shall not be liable to You for any loss or liability resulting, directly or indirectly, from delays, inaccuracies, errors, omissions or interruptions of the Service for any reason, including, without limitation, due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, acts of terrorism, or to other like causes.

5. MONITORING OF SITE. You acknowledge that Oceanwide reserves the right to, and may from time to time, monitor for all lawful purposes any and all Content transmitted or received through the Service. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. All Content, including personal information, placed on or sent over the Service may be monitored. Use of the Service, authorized or unauthorized, constitutes consent to such monitoring.

6. REPRESENTATIONS, WARRANTIES AND LIMITATION OF LIABILITY.

6.1 General Disclaimer and Limited Warranty. You acknowledge that certain aspects of the Information and/or Advertiser Information and links provided through the Web Site are compiled from sources that may be beyond the control of Oceanwide. Though such Information and links are recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur. Oceanwide and its licensors and Advertisers do not warrant the accuracy or suitability of such Information. Neither Oceanwide nor its licensees or Advertisers represent or endorse the accuracy or reliability of the Information distributed through the Service. FOR THIS REASON, YOU ACKNOWLEDGE THAT THE WEB SITE AND SERVICE ARE PROVIDED TO YOU ON AN "AS IS" BASIS WITH ALL FAULTS. OCEANWIDE AND ITS LICENSORS AND ADVERTISERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING. FURTHER, OCEANWIDE AND ITS LICENSORS AND ADVERTISERS NEITHER REPRESENT NOR WARRANT THAT THE WEB SITE AND SERVICE WILL MEET YOUR REQUIREMENTS OR ARE SUITABLE FOR YOUR NEEDS.

6.2 You assume all risk of errors and/or omissions in the Web Site, including the transmission or translation of data. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Web Site, including the Information, and for maintaining any means, which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the Information provided under this Agreement.

6.3 Viruses. YOU ACKNOWLEDGE AND AGREE THAT OCEANWIDE USES REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE PASSED THROUGH THE WEB SITE OR THE INFORMATION. HOWEVER, YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD OCEANWIDE HARMLESS), BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.

6.4 YOU AGREE THAT OCEANWIDE AND ITS LICENSORS AND ADVERTISERS SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE AND OR WEB SITE FOR ANY PURPOSE WHATSOEVER. IF THE ABOVE LIMITATIONS OF LIABILITIES SHOULD FAIL IN THEIR ESSENTIAL PURPOSE FOR ANY REASON, SUCH LIABILITY IS AND SHALL BE LIMITED TO A SUM EQUAL IN AMOUNT TO TEN (10%) PERCENT OF THE SUMS PAID TO OCEANWIDE BY YOU UNDER THE TERMS OF THIS AGREEMENT OR $100.00, WHICHEVER IS GREATER, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY EVEN IF OCEANWIDE OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. THE PROVISIONS CONTAINED IN THIS SECTION 6 SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

7. INDEMNIFICATION. YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS OCEANWIDE AND ITS LICENSORS AND ADVERTISERS FROM AND AGAINST ALL LOSS, CLAIMS, DEMANDS AND CAUSES OF ACTIONS OF WHATEVER KIND OR CHARACTER, INCLUDING WITHOUT LIMITATION COSTS, REASONABLE ATTORNEYS' FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY CLAIM BROUGHT BY PERSONS OR ENTITIES ARISING FROM OR RELATING TO YOUR ACCESS AND USE OF THE WEB SITE, INCLUDING YOUR USE OF THE INFORMATION OBTAINED THROUGH THE WEB SITE. THE RELEASE, DEFENSE AND INDEMNITY OBLIGATIONS CONTAINED IN THIS SECTION 7 SHALL APPLY EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE JOINT, SOLE, OR CONCURRENT NEGLIGENCE, STRICT LIABILITY OR OTHER FAULT, WHETHER PASSIVE OR ACTIVE, OF ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO OCEANWIDE, BUT NOT TO THE EXTENT CAUSED BY OR RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF OCEANWIDE.

8. PRIVACY.

8.1 Privacy. Record of your registration is the property of Oceanwide and is protected by and subject to the U.S. Electronic Communications Privacy Act. Oceanwide reserves the right to use registration information for its marketing and subscription endeavors. Oceanwide does not collect any personally identifying information about You except when You specifically and knowingly provide it. Your personally identifying information will not be shared with any third party, with the following exceptions:

  1. Information that Oceanwide in good faith determines is legally required to be revealed by any relevant statute, regulation, ordinance, rule, administrative or court order, decree, or subpoena;
  2. The sharing of resumes with potential employers.
  3. Information revealed during the course of Oceanwide’s enforcement of the policies and procedures of the website, or during the course of any disciplinary actions with respect to a user;
  4. Information in a manner expressly permitted by the provisions of this Section 8;
  5. Information that Oceanwide in good faith determines must be disclosed to correct what it believes to be false or misleading information or to address activities that Oceanwide believes to be manipulative, deceptive or otherwise a violation of law; or
  6. Unless you are otherwise notified at the time we collect the data.

Users should be aware that Oceanwide has no control over any information that users may disclose to other users of the Web Site or Service. Please notify Oceanwide immediately if You discover that any user of the Web Site or Service is improperly collecting or using the personally identifying information of users of the Web Site or Service.

8.2 Privacy of Minors. Protecting the privacy of children is especially important. Oceanwide will not accept resumes from those who are under the age of thirteen (13). Oceanwide does not knowingly collect information about children and will delete any such information that it discovers or is made aware of.

9. UNSOLICITED E-MAIL AND DIRECT MARKETING.

9.1 Unsolicited e-mail. Oceanwide supports responsible e-commerce. Oceanwide does not authorize anyone to use the Service to broadcast, distribute, transmit or retransmit unsolicited commercial, non-commercial, bulk, or junk electronic mail ("SPAM").

9.2 Reporting SPAM. Users who receive SPAM or any threatening or offensive e-mail may report it to Oceanwide by forwarding the unedited message with the full message header to jlboever@maritimeemployment.com or call 936-495-6001.

9.3 Reservation of Rights. Oceanwide reserves the right to take all legal or technical steps that it deems necessary to prevent the broadcast, distribution, transmission, or retransmission over the Service of SPAM, junk e-mail, threatening or offensive e-mail, or e-mail otherwise determined by Oceanwide to be objectionable in its sole discretion. Oceanwide reserves the right to suspend or terminate any person or entity’s use of or access to the Service if it determines in its sole and absolute discretion that such person has used or intends to use the Service in violation of this policy. A failure of Oceanwide to exercise any right provided for herein shall not be deemed to be a waiver of such right.

10. EMPLOYERS AGREEMENT.

Additional Terms and Conditions Applicable Only to Employers who purchase subscriptions.

10.1 By participating in the subscriber’s program You hereby agree to be bound by all of the terms and conditions contained in this Section 10.

10.2 Limited Use of Subscription. Oceanwide hereby grants You a limited, non-exclusive, non-assignable and non-transferable license to access and use the Subscribers Area ("Subscribers Area") of the Service. This license is expressly conditioned upon Your agreement that all such access and use shall be governed by all of the terms and conditions set forth in this User Agreement and this Section 10.

10.3 Non-Transferable Account. Access to the Subscribers Area is intended for subscribing Employers’ use only. You may not resell, transfer or assign your account or allow others to access it, in whole or in part, or otherwise commercially exploit it.

10.4 Indemnification. Employers and/or Subscribers hereby agree to be further bound by Section 6 and Section 7 of this User Agreement.

11. MISCELLANEOUS

11.1 Governing Law; Limitations; Venue. The laws of the State of Texas, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction, shall govern this Agreement. To the extent allowed by applicable law, any claims or causes of action arising from or relating to Your access and use of the Service as contemplated by this Agreement must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued. Further, any such claim or cause of action may EXCLUSIVELY be brought in the state or federal courts located in Houston, Harris County, Texas, and You agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Texas as Your agent for service of process. You agree to waive any objection that the state or federal courts of Harris County, Texas are an inconvenient forum.

11.2 Assignments. You may not assign any of your rights, obligations, privileges, or performance hereunder without the prior written consent of Oceanwide. Any assignment other than as provided for in this Section 11.2 shall be null and void.

11.3 Severability. If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision); and, as so reformed or modified, fully enforce this Agreement.

11.4 U.S. Government Restricted Rights. The materials on the Web Site are provided with "RESTRICTED RIGHTS." Use, duplication or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgement of Oceanwide's proprietary rights in them.

11.5 Termination. Oceanwide may terminate or suspend Your use of the Web Site for any reason. Termination or cancellation of Your use of the Web Site shall not effect any right or relief to which Oceanwide may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to You will terminate and revert to Oceanwide.

11.6 Notice. Official correspondence must be sent via postal mail to:

Oceanwide Houston, Inc.
15710 JFK Boulevard, Suite 285
Houston, Texas 77032

11.7 Entire Agreement. This Agreement is complete and effective at the time You begin use of the Service. This Agreement constitutes the entire agreement between the parties, and no other agreement, written or oral, exists between You and Oceanwide.


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Sunday, May 11, 2008 10:48:45 PM CST