Website Terms of Use

TERMS OF USE

YOUR ACCESS TO AND USE OF THE OMCS CLASS WEB SITE IS SUBJECT TO THE TERMS AND CONDITIONS BELOW (“TERMS”) AND ALL APPLICABLE LAWS. BY VISITING THE OMCS CLASS WEB SITE, YOU ACCEPT THESE TERMS, INCLUDING OUR PRIVACY POLICY WITHOUT LIMITATION OR QUALIFICATION. THE PRIVACY POLICY, WHICH YOU MUST READ, CONTAINS IMPORTANT INFORMATION ABOUT THE USE OF YOUR PERSONAL DATA AND OTHER INFORMATION REGARDING YOUR PRIVACY. ACCORDINGLY, IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR OUR PRIVACY POLICY, YOU SHOULD NOT VISIT THIS WEB SITE.

ABOUT US

Overseas marine Certification Services has operations in several countries and is headquartered at Williamson Place, La Boca, Balboa, Bldg. 0750-D, Panama, republic of Panama. If you have any questions, complaints or comments regarding this Web site, you may contact us at omcs@omcsclass.org. When we say “we” or “us” or “OMCS CLASS” in these Terms, we Overseas Marine Certification Services, our affiliates, and those agents we use to provide services on our behalf.

OMCS is a Class and Recognized Organization committed to strictly avoid engaging in the inspection and certification process or any other related activity or service either for ships, companies, individuals, agents, ship managers or ship owners, having direct or indirect link with the Democratic People’s Republic of Korea (DPRK), Iran or any other country having been addressed under the International Sanctions by the United Nations. Kindly refer on a continuous basis the link https://www.un.org/sc/suborg/en/sanctions/1718/resolutions

RELATIONSHIPS OF THIS AGREEMENT TO OTHER AGREEMENTS OR RELATIONSHIPS BETWEEN OMCS CLASS AND YOU

Nothing in these Terms shall alter the terms of any other agreement or other legal relationship between OMCS CLASS and You.

AUTHORIZED USE

You may use the OMCS CLASS Web site for your personal, informational, communication and educational use, but you may not use the Web site for any purpose other than your relationship with OMCS CLASS. You also may not use any robots, spiders, or other automatic devices to monitor or copy content on the OMCS CLASS Web site or otherwise attempt to interfere with the intended and efficient functioning of our Web site. You may not modify or tamper with any information contained on our Web site without the written permission of OMCS CLASS. You agree that you will not use the OMCS CLASS Web site in any way that may lead to the encouragement, procurement or carrying out of any criminal activity.

RULES AND GUIDES DOWNLOADS

Current OMCS CLASS approved printed versions of all OMCS CLASS Rules and Guides are available from OMCS CLASS. Current OMCS CLASS approved electronic versions of all Rules and Guides are most effectively accessed by establishing a hyperlink of your local Intranet directly to the OMCS CLASS Rules and Guides on the OMCS CLASS Web site.

The OMCS CLASS Rules and Guides are proprietary to OMCS CLASS and are the subject of intellectual property rights reserved by OMCS CLASS. Except for the permission granted below, nothing contained herein shall be construed as conferring upon you in any manner any license, title or ownership of or in any intellectual property right of OMCS CLASS.

OMCS CLASS hereby grants you permission to download, copy and use, including posting to your Intranet site, the OMCS CLASS Rules and Guides posted on this Web site in electronic format. You hereby agree that any copy of the materials, in part or in whole, that you make shall retain all copyright and other proprietary notices contained therein and that the information will not be altered in any manner.

OMCS CLASS makes every reasonable effort to ensure that the information provided in the posted electronic files represents complete, current and accurate information. However, OMCS CLASS makes no representation as to the completeness, currency or accuracy of such information.

HYPERLINKS TO THE OMCS CLASS WEB SITE

OMCS CLASS encourages the use of hyperlinks to its Web site upon agreement to all of the Terms herein.

INDEMNITY

You agree to indemnify and hold OMCS CLASS, and its officers, employees, representatives, contractors and agents (“Indemnified Parties”) harmless from any liability, loss, claim and expense, including attorneys’ fees and expenses, related to your violation of these Terms or your use of our Web site.

DISCLAIMER AND LIMITATION OF LIABILITY

While OMCS CLASS uses reasonable efforts to include accurate and up-to-date information on this Web site, OMCS CLASS makes no warranties or representations as to its accuracy, currency or completeness. OMCS CLASS assumes no liability or responsibility for any errors or omissions in the content on this Web site. To the extent permitted by applicable law, everything on the Web site is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. To the extent permitted by applicable law, in no event will OMCS CLASS be liable for any damages whatsoever, including special, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data, whether brought in contract or tort, arising out of or connected with the Web site or the use or reliance upon any of the content or any information accessed from the Web site.

LEGAL

This Web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. OMCS CLASS may also make improvements and changes in the products and the programs described in this information at any time without notice.

GOVERNING LAW

By accessing this Web site and the information contained therein, you agree with OMCS CLASS that any claim you may have against OMCS CLASS in contract, tort or otherwise in respect of any information or advice expressly or impliedly given on this Web site, or in respect of any inaccuracy herein or omission herefrom, shall be governed by the law of Panama, republic of Panama regard to its conflicts of laws rules.

DISPUTES

To the extent that there is not any another agreement that specifies a manner of dispute resolution between You and OMCS CLASS, a dispute relating to your use of the OMCS CLASS Web site shall be submitted to confidential arbitration in Panama, Panama, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, OMCS CLASS may seek injunctive or other appropriate relief in a court. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in Panama, Panama. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the OMCS CLASS Web site or under these Terms of Use must be filed within three month after such claim or cause of action arose or be forever banned.

SEVERABILITY

In the event that any provision contained in these Terms will be held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, the validity, legality and enforceability of such provision in every other respect and the validity, legality and enforceability of the remaining provisions contained in these Terms will not be in any way impaired thereby.

REVISION TO TERMS AND WEBSITE

OMCS CLASS may change or update the information posted on the OMCS CLASS Web site, and the products and services described on the OMCS CLASS Web site, at any time without notice.